Summary: We will not investigate Mr X’s complaint about the Council’s failure to share information concerning his family members. This is because it is closely linked to matters we have already looked at. Further, it is reasonable to expect Mr X to go to court if he considers the court order requires the Council to share information with him.

The complaint

1. Mr X complains the Council failed to share information concerning his family. He says he has not received educational, welfare, healthcare and professional information concerning his family members.

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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. 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)
4. 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

5. I considered information provided by the complainant, a previous complaint and the Council.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. There was a complaint investigation by the Council into Mr X’s concerns in 2024. The Council said the Council’s responsibility for sharing welfare information, photographs and anonymised education reports ended when a court order expired in 2023.
8. In 2024 an Ombudsman decision found that Mr X’s complaint - about the Council allegedly breaching contact arrangements - was a matter for court.
9. Mr X now complains the Council should have continued sharing information with him despite the court order expiring. He says he is providing evidence to support his contention by referring to a communication protocol, a Council letter confirming on going social care involvement.
10. I do not consider Mr X is raising new complaints about failings by the Council. I believe he is essentially reframing a previously considered dispute concerning the Council’s enforcement and interpretation of a court order.
11. We will not investigate. I believe Mr X’s core complaint matters are linked to issues we previously considered in 2024 which we will not revisit. The core matter concerns the implementation and interpretation of family court orders which lies outside our jurisdiction
12. It is open to Mr X to take the Council to court to legally determine its information sharing responsibilities. I consider it is reasonable to expect Mr X to do this, given his strong disagreement with the Council’s view, and this is another reason we will not investigate.

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Final decision

13. We will not investigate Mr X’s complaint because it is closely linked to matters we have already looked at. And, because it is reasonable to expect Mr X to go to court to confirm if there is any duty in the disputed court order to share information with him.

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Investigator's decision on behalf of the Ombudsman