Summary: We will not investigate Mr X’s complaint about the Council’s actions regarding his daughter. The matters complained of are in part historic and mostly not separable from the matter of her contact and residence. This has been decided by a court and Mr X has a right to return to court it is reasonable to use.

The complaint

1. Mr X said the Council made poor decisions about the care of his daughter. He said it supported his ex-partner who failed to return his daughter after an overnight stay in July 2016. He also said a core group meeting in November 2016 was badly managed.

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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 late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council has done. (Local Government Act 1974, sections 26B and 34D, 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)
5. The courts have said that where someone has used their right of appeal, reference or review or remedy by way of proceedings in any court of law, the Ombudsman has no jurisdiction to investigate. This is the case even if the appeal did not or could not provide a complete remedy for all the injustice claimed. (R v The Commissioner for Local Administration ex parte PH (1999) EHCA Civ 916)

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How I considered this complaint

6. I read Mr X’s complaint. I gave him an opportunity to comment on a draft decision.

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What I found

7. The matters Mr X complains of from 2016 to 2018 are historic. I have seen no evidence why he could not have approached us sooner. Even if that were not so, most of the matters complained of are not separable from the contact and residence arrangements for a child, and the Council’s views about what they should be. These matters have either already been considered by a court, or they are ones where Mr X has a right to go to court it would be reasonable to use.

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Final decision

8. We will not investigate this complaint. This is because:

• Mr X could have approached us sooner; and
• Mr X has had and still has a right to go to court it would be reasonable to use.

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Investigator's decision on behalf of the Ombudsman