Summary: We cannot investigate this complaint about the care of Ms X’s child as it is now clear that the matters complained of are ones that either were or could reasonably have been mentioned during court proceedings. Only a court could order different living arrangements for the child.

The complaint

1. Ms X complained of various alleged failings by the Council. These included the failing to safeguard her child, failing to promote her contact with her child, coercing her into renting property she could not afford in order to have a better chance of caring for her child, promoting contact with persons who harmed the child, failing to disclose matters to the court, and perjury.

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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 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)
4. We cannot investigate a complaint if someone has started court action about the matter. (Local Government Act 1974, section 26(6)(c), as amended)
5. We have the power to start or end an investigation into a complaint about actions the law allows us to investigate. We may decide not to start or continue with an investigation if we think the issues could reasonably be, or have been mentioned as part of the legal proceedings regarding a closely related matter. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended, section 34(B))
6. The courts have said that where someone has sought a remedy by way of proceedings in any court of law, we cannot 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)
7. 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)

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How I considered this complaint

8. I considered information provided by the complainant and the Council.
9. I considered the Ombudsman’s Assessment Code.

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My assessment

10. It is clear from the complaint correspondence that the issue at the heart of the complaint is the separation of Ms X and her child. That has been a matter subject to court proceedings over several years. Many points of Ms X’s complaint directly refer to what was given or not given as evidence in court. The remaining points are all closely related to decisions about the child’s residency and contact, which only a court can regulate.

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Final decision

11. We cannot investigate Ms X’s complaint because a legal bar prevents us investigating matters that were or could reasonably have been mentioned during court proceedings. The matters complained of all either directly concern the conduct of court proceedings or matters that are closely linked to court proceedings regarding the care arrangements for Ms X’s child.

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Investigator's decision on behalf of the Ombudsman