Summary: We cannot investigate this complaint about care of Miss X’s child. The law prevents us from investigating matters which have been subject to court proceedings. There is also not enough evidence of fault by the Council to warrant our involvement.

The complaint

1. Miss X complained the Council have prevented her from having contact with her child (Y).
2. Miss X said this caused her significant distress.

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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 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)
5. We investigate 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 continue an investigation if we decide there is not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

6. I considered information provided by the complainant and the Council.
7. I considered the Ombudsman’s Assessment Code.

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My assessment

8. Miss X complained the Council prevented her from having contact with her child (Y). Y is looked after by the Council.
9. In 2025, the Court granted a Section 34(4) order. The order meant the Council no longer needed to facilitate contact between Miss X and Y.
10. As outlined in paragraph four, we cannot investigate matters which have been subject to court proceedings. The court considered the matter and granted the order. The law therefore prevents us from investigating this complaint.
11. In any case, we would be unlikely to find fault by the Council here.
12. When it decided not to facilitate contact, it has acted in line with an order issued by the court.
13. The available evidence also suggests it is acting in line with Y’s wishes to promote their welfare.
14. The Council note that Y is aware they can request contact with Ms X at a later point if they wish to.
15. Our role is not to ask whether an organisation could have done things better, or whether we agree or disagree with what it did. Instead, we look at whether there was fault in how it made its decisions. If we decide there was no fault in how it did so, we cannot ask whether it should have made a particular decision or say it should have reached a different outcome.
16. There is not enough evidence of fault in the Council’s decision making here and so we will not investigate.

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Final decision

17. We cannot investigate Ms X’s complaint because the law prevents us from investigating matters which have been subject to court proceedings and we would be unlikely to find fault by the Council.

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Investigator's decision on behalf of the Ombudsman