London Borough of Brent (25 017 453)
Category : Children's care services > Looked after children
Decision : Closed after initial enquiries
Decision date : 06 Apr 2026
The Ombudsman's final decision:
Summary: We will not investigate Ms X’s complaint about the Council preventing court-ordered contact with her child. This is because it would have been reasonable for Ms X to have taken the matter back to court.
The complaint
- Ms X complains the Council added conditions to her being able to see her child. Ms X says these conditions were above what the court ordered when it ordered the Council to supervise the child. Ms X also says the Council has failed to provide financial support for contact arrangements and has delayed its administrative duties.
- Ms X says these actions mean the Council has failed to carry out the court’s order, so she did not get her contact time with her child. Ms X wants the Council to arrange contact without conditions.
The Ombudsman’s role and powers
- The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
- 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)
How I considered this complaint
- I considered information provided by Ms X.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Ms X’s complaint is about the Council’s actions in relation to a court order. If Ms X considered the Council breached the order, she could have referred the matter to the court. I have seen nothing to suggest it would not be reasonable for Ms X to use this process, and I will not therefore exercise my discretion to investigate her complaint.
- Only a court can order, change, or enforce contact arrangements between Ms X and her child. We cannot do this, so we cannot achieve the outcomes Ms X seeks.
Final decision
- We will not investigate Ms X’s complaint. She had the right to return to court about the matter, and it would have been reasonable in the circumstances of this case for her to do so.
Investigator's decision on behalf of the Ombudsman