Summary: We cannot investigate this complaint about Mr Q’s contact arrangements with his child. The Court decided the arrangements, so we have no power to investigate. Mr Q may go back to court if the Council does not comply with the contact arrangements.

The complaint

1. The complainant, who I have called Mr Q, complained that Birmingham City Council is failing to comply with contact arrangements for his child. The arrangements were decided by the Court.

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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 cannot investigate a complaint about the start of court action or what happened in court. (Local Government Act 1974, Schedule 5/5A, paragraph 1/3, as amended)

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How I considered this complaint

4. I considered the information Mr Q provided. I invited Mr Q to comment on a draft of this decision.

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What I found

Key facts

5. Mr Q’s child is being cared for by the Council. The Court decided that Mr Q should have contact with his child at specific times on specific days each week. Mr Q said the Council is not complying with the contact arrangements. He said the Council is often late bringing his child for their contact meetings and has sometimes missed the contact meetings altogether.

Analysis

6. We cannot investigate this complaint.
7. The contact arrangements between Mr Q and his child were decided by the Court. So we have no power to investigate his complaint for the reason given in paragraph 3. If Mr Q thinks the Council is not complying with the contact arrangements it is open to him to go back to court.

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Final decision

8. We cannot investigate this complaint. This is because the matter has been decided by the Court.

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Investigator's decision on behalf of the Ombudsman