Wokingham Borough Council (25 003 288)
Category : Children's care services > Other
Decision : Closed after initial enquiries
Decision date : 03 Jul 2025
The Ombudsman's final decision:
Summary: We will not investigate Miss X’s complaint about the Council’s involvement with her children and contact arrangements. The law prevents us from investigating anything that has or is the subject of court proceedings. It would be reasonable for Miss X to raise any concerns she has with the court.
The complaint
- Miss X complains about information the Council has considered and submitted around contact arrangements for her children. She wants the Council to review and confirm all the information it has received since 2024.
The Ombudsman’s role and powers
- 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))
How I considered this complaint
- I considered information provided by the complainant and the Ombudsman’s Assessment Code.
My assessment
- The Council has explained it cannot investigate or respond to Miss X’s complaints while there are ongoing court proceedings.
- The law also prevents us from becoming involved in matters that are or have been subject to court proceedings. This includes any involvement of the Council in those proceedings. Miss X would need to raise any concerns about the Council or the court proceedings with the court directly or through her legal representative(s). We have no power to intervene or make decisions in place of the court. Only the court can decide what is in a child’s best interest or any matter of dispute.
Final decision
- We will not investigate Miss X’s complaint because the law prevents us from investigating anything that is or has been the subject of court proceedings.
Investigator's decision on behalf of the Ombudsman