Gateshead Metropolitan Borough Council (22 001 498)
Category : Children's care services > Other
Decision : Closed after initial enquiries
Decision date : 18 May 2022
The Ombudsman's final decision:
Summary: We will not investigate this complaint about the Council being biased in favour of Mr X’s former partner in a dispute about the custody of children. The matters complained of are not separable form matters where Mr X has a right to go to court it would be reasonable to use.
The complaint
- Mr X said the Council was biased in favour of the mother of his children. He said it had lied to him and constantly moved the goalposts, making it impossible for him to have a meaningful relationship with his children. He wanted the Council to apologise and change its stance on backing his former partner’s bid for sole custody.
The Ombudsman’s role and powers
- 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)
- We cannot investigate a complaint if someone has started court action about the matter. (Local Government Act 1974, section 26(6)(c), as amended)
- 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)
How I considered this complaint
- I considered information provided by the complainant.
- I considered the Ombudsman’s Assessment Code.
My assessment
- The disputed residency and contact arrangements for children are always matters for a court. The Council’s actions in supporting one partner rather than another are not separable from that and could be raised in court.
- It is not clear whether a court has yet been approached, but if so, the restriction against us investigating non-separable matters becomes absolute and lasting.
Final decision
- We will not investigate Mr X’s complaint because the matters he complains of are not separable from matters in respect of which he has a right to go to court it would be reasonable to use. If someone has already applied to a court, there is an absolute bar against us investigating these matters, regardless of the outcome.
Investigator's decision on behalf of the Ombudsman