Summary: We will not investigate this complaint about travel arrangements for Miss X’s contact with her child. This is not separable from matters that have been subject to court action.

The complaint

1. Miss X said the Council failed to make a reasonable adjustment to contact arrangements with her child to take account of her difficulties in travelling.

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The Ombudsman’s role and powers

2. 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)
3. We cannot investigate a complaint if someone has started court action about the matter. (Local Government Act 1974, section 26(6)(c), as amended)
4. 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)

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How I considered this complaint

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

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My assessment

7. It is clear from the complaint correspondence provided by Miss X that there has been court action concerning contact with her children. We cannot supplant the role of a court in deciding on any variation in those arrangements.

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Final decision

8. We cannot investigate Miss X’s complaint because it is not separable from matters that have been subject to court action.

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Investigator's decision on behalf of the Ombudsman