Summary: We will not investigate Miss X’s complaint about the care and contact arrangements in place for her child. This is because these are matters that have been decided by the courts. If Miss X believes the Council are in breach of a court order it is reasonable for her to raise this in court.

The complaint

1. Miss X complains about the care and contact arrangements for her child. Miss X feels the Council are in breach of a court order.

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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 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))

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How I considered this complaint

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

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My assessment

7. I will not investigate Miss X’s complaint. The courts have decided the care arrangements for her child, and we have no power to investigate decisions by the court or what happened in court. If Miss X feels the Council have breached a court order it would be reasonable for her to raise this with the courts.

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Final decision

8. We will not investigate Miss X’s complaint because it is about matters that have been decided by the courts. If Miss X believes the Council are in breach of a court order it is reasonable for her to raise this in court.

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Investigator's decision on behalf of the Ombudsman