Summary: We will not investigate this complaint about the Council’s actions regarding the care of Ms X’s son. We lack legal powers to reach any view about matters of contact and residence, which could only be decided by a court, and the matters complained of are not separable from that.

The complaint

1. Ms X said the Council moved her son to another area without her knowledge or consent or the consent of the court. She said her son was denied his liberties and he was under supervision for 23 hours and 50 minutes per day. She said her court-ordered contact was hindered at every turn by the Council, which she said failed to communicate with her and then made up lies such as she refused paperwork. She said the Council failed to investigate her complaint properly and used false information.
2. Ms X wanted the Council to admit it failed her son, to stop blaming her, and to admit it broke the law.

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The Ombudsman’s role and powers

3. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
4. We have the power to start or discontinue an investigation into a complaint within our jurisdiction. We may decide not to start or continue with an investigation if we think the issues could reasonably be, or have been, raised within a court of law. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended, section 34(B))
5. The Ombudsman investigates complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We do not start or may decide not to continue with an investigation if we decide:

• further investigation would not lead to a different outcome, or
• we cannot achieve the outcome someone wants.
• (Local Government Act 1974, section 24A(6), as amended, section 34(B))

6. It is not a good use of public resources to investigate complaints about complaint procedures, if we are unable to deal with the substantive issue.

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How I considered this complaint

7. I considered information provided by the complainant.
8. I considered the Ombudsman’s Assessment Code.

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My assessment

9. The Council held a full care order for Ms X’s son at the time of the matters complained of. Therefore, where he lived and what his contact with Ms X should have been could only have been decided by a court. Thus, it would have reasonable for Ms X to go to court to challenge the Council’s actions. The key matters in Ms X’s complaint to the Council and her complaint to us are not separable from this right.
10. I note the Council accepted some fault in communicating with Ms X, and in the way it at first dealt with her complaint. However, investigation of those matters by us would not be likely to lead to achieve the outcome Ms X is seeking. This is because doing so which would involve reaching a view on the Council’s actions in respect of the residence and contact arrangements for Ms X’s son, which is beyond our legal powers.

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Final decision

11. We will not investigate Ms X’s complaint because the substantive matters of the complaint are not separable from matters concerning contact and residence, where Ms X had a right to go to court it would have been reasonable to use.
12. Investigation of the remaining matters concerning communications and complaint handling would be unlikely to lead to the outcome Ms X is seeking as we have no legal power to reach any view on matters of contact and residence.

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Investigator's decision on behalf of the Ombudsman