Summary: We will not investigate this complaint about the Council’s response to the complainant’s concerns about her son’s care. This is because the complaint relates to matters which have been considered and decided in court.

The complaint

1. The complainant, Ms X, complains that the Council has failed to respond appropriately to her concerns about her son’s care.

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The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
3. We have the power to start or end an investigation into a complaint about actions the law allows us to investigate. We may decide not to start or continue with an investigation if we think the issues could reasonably be, or have been mentioned as part of the legal proceedings regarding a closely related matter. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended, section 34(B))
4. We normally expect someone to refer the matter to the Information Commissioner if they have a complaint about data protection. However, we may decide to investigate if we think there are good reasons. (Local Government Act 1974, section 24A(6), as amended)

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How I considered this complaint

5. I considered information provided by the complainant.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. Ms X’s son is in his father’s care. Ms X complains that the Council has failed to properly consider and respond to her concerns about the care her son receives from his father. In addition to her concerns about her son’s care, Ms X has also made Subject Access Requests to obtain information the Council holds about him, which it has declined to release.
8. The Ombudsman will not investigate Ms X’s complaint. The correspondence shows that her son’s care was the subject of legal proceedings which resulted in his father being granted care under a Child Arrangement Order. It is clear therefore that the care of Ms X’s son has been considered in court. This prevents the Ombudsman from considering the matter.
9. If Ms X is unhappy with the current arrangements for the care of or contact with her son, her recourse is to ask the Court to change the arrangements. The Ombudsman cannot intervene.
10. If Ms X believes the Council has refused to give her information to which she is entitled, she may bring her concerns to the attention of the Information Commissioner’s Office. It would be appropriate for her to do so and there is no role for the Ombudsman.

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Final decision

11. We will not investigate Ms X’s complaint because it concerns matters which have been considered and decided in court.

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Investigator's decision on behalf of the Ombudsman