Summary: We cannot investigate Mrs X’s complaint about the Council’s involvement with the care and contact arrangements for her child. This is because the law prevents us from investigating complaints about matters which have been considered in court.

The complaint

1. Mrs X complains about the Council’s actions in relation to the care and contact arrangements for her child.

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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)

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How I considered this complaint

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

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My assessment

6. Mrs X complains about information that the Council included in an assessment to the courts during proceedings which determined the care and contact arrangements of her child. She also complains that the Council subsequently advised her child’s father to end contact and that the courts subsequently concluded that his had been a breach the care order.
7. I cannot investigate Mrs X’s complaint. The Council’s assessment and the alleged breach of the care order are both matters that have been considered in court. The law prevents us from investigating matters that have formed part of court proceedings.

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Final decision

8. We cannot investigate Mrs X’s complaint because it concerns matters that have been considered in court.

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Investigator's decision on behalf of the Ombudsman