Summary: We cannot investigate this complaint about a social worker breaching a court order involving contact with his child. Only a court can consider a breach of a court order. Mr X has a right to return to court it would be reasonable to use.

The complaint

1. Mr X said a social worker ignored a court ruling and his child only had video contact with her family in December 2021.

Back to top

The Ombudsman’s role and powers

2. We cannot investigate a complaint if someone has started court action about the matter. (Local Government Act 1974, section 26(6)(c), as amended)
3. 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)

Back to top

How I considered this complaint

4. I considered information provided by the complainant.
5. I considered the Ombudsman’s Assessment Code.

Back to top

My assessment

6. A court set the arrangements for contact between Mr X and his child. Any breach of a court order is a matter for a court.

Back to top

Final decision

7. We cannot investigate Mr X’s complaint because a court set the contact arrangements for Mr X’s child. It would be reasonable for him to return to court regarding any breach.

Back to top

Investigator's decision on behalf of the Ombudsman