Summary: We will not investigate this complaint about the Council’s response to the complainant’s requests for contact with a Looked After Child. This is because it would be reasonable for the complainant to take the matter to court.

The complaint

1. The complainant, Miss X, complains that the Council has been at fault in its response to her requests for contact with a Looked After Child.

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The Ombudsman’s role and powers

2. 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

3. I considered information provided by the complainant and the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Miss X says her nephew is in the Council’s care. She complains that the Council has treated requests from her and other family members to have contact with the child with a lack of compassion and has disregarded their wishes. She says this has caused her and her family significant distress. She wants to establish regular contact for family members.
6. The Council has declined to consider a complaint from Miss X on the grounds that she is not a person with sufficient interest in the child to qualify for access to the complaint procedure. Miss X does not accept this. She believes it is unjust to prevent her from having a response to her complaint.
7. We will not investigate Miss X’s complaint. It is not for the Ombudsman to take a view on whether contact with a Looked After Child is appropriate. Matters relating to contact can be decided in court. It is open to Miss X to apply to the court to make a definitive decision on the nature and frequency of contact, and it would be reasonable for her to do so. There is no role for the Ombudsman.
8. Where the substantive matter does not fall to be investigated, the Ombudsman will not normally consider how a council has responded to it. It is not a good use of our resources to do so. That being the case, we will not consider whether the Council was at fault in declining to respond to Miss X’s complaint.

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Final decision

9. We will not investigate Miss X’s complaint because it concerns a matter which she can take to court, and it would be reasonable for her to do so.

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Investigator's decision on behalf of the Ombudsman