Decision : Closed after initial enquiries
Decision date : 28 Mar 2018
The Ombudsman's final decision:
Summary: We will not investigate this complaint, because Mr X can raise the issue in court.
- Mr X complains about the Council will not provide the information he needs from children’s services.
The Ombudsman’s role and powers
- 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)
How I considered this complaint
- I have considered the information Mr X provided with his complaint and discussed the complaint with him on the phone. I have also considered information the Council provided about the complaints Mr X has made to it.
What I found
- The Council has not been involved with Mr X’s family since 2016. Mr X, who has separated from his wife, is now going to court for a decision about where their children should live. His complaint to us was about information he needed from the Council for his court case. This is something his solicitor can pursue, and which Mr X can raise in court if necessary. So we will not investigate.
- The Ombudsman should not investigate this complaint, because Mr X can raise the issue in court.
Investigator's decision on behalf of the Ombudsman