Summary: We will not investigate Mr X’s complaint about contact with and access to children he fostered with his former partner. Courts decide the contact and residence arrangements of children. Mr X has a right to take the matter to court it would be reasonable for him to use.

The complaint

1. Mr X said the Council has discriminated against him and prevented him from having proper contact with children he fostered with his ex-partner, whom he said treat him as a father.

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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. The law says we cannot normally investigate a complaint when someone could take the matter to court. However, we may decide to investigate if we consider it would be unreasonable to expect the person to go to court. (Local Government Act 1974, section 26(6)(c), as amended)

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How I considered this complaint

4. I read Mr X’s complaint. I gave him the opportunity to comment on a draft decision.

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What I found

5. Mr X’s contact with the children he fostered with his former partner is limited. While Mr X said this is the result of discrimination by the Council, only a court can decide what those arrangements should be. It would be reasonable for Mr X to use his right to take the matter to court.

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Final decision

6. We will not investigate this complaint. This is because Mr X has a right to approach a court it would be reasonable for him to use.

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Investigator's decision on behalf of the Ombudsman