Summary: We cannot investigate this complaint about the Council’s handling of matters relating to Mr X’s child. This is because the law prevents us from investigating matters that have been before the courts or are closely related to such matters.

The complaint

1. The complainant, Mr X, says the Council has been at fault in its actions relating to his child. Council’s actions have affected his relationship with his child. He says the Council is not adhering to recommendations made as part 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 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))
4. 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)

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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. Mr X’s child has been subject to a Child in Need plan and private legal proceedings He says the Council has been at fault, in that the Child in need plan is flawed and its records contain inaccurate information. He complains that the Council’s decisions reflect information which is out of date and that it has not adhered to a Child Arrangement Order. As a result of the fault on the Council’s part, his relationship with his child has been detrimentally affected.
8. The care of Mr X’s child has been the subject of legal proceedings and, by law, the Ombudsman cannot consider what happens in court. The matters about which Mr X complains are closely related to matters which were, or could have been, considered in court and we cannot therefore investigate them. If Mr X is unhappy with the current arrangements his recourse is to go back to court.

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Final decision

9. We cannot investigate Mr X’s complaint because the law prevents us from investigating matters that have been before the courts or are closely related to such matters.

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Investigator's decision on behalf of the Ombudsman