The Ombudsman's final decision
Summary: We will not investigate this complaint about contact arrangements because the complainant has already applied to the courts which are best placed to resolve the matter, so we have no discretion to investigate.
The complaint
Mr G complains the Council has not complied with a court order about arrangements for him to have contact with his adult daughter.
The Ombudsman’s role and powers
We have the power to start or discontinue an investigation into a complaint within our jurisdiction. We may decide not to start or continue with an investigation if we think the issues could reasonably be, or have been, raised within a court of law. (Local Government Act 1974, section 24A(6), as amended) The courts have said that where someone has used their right of appeal, reference or review or remedy by way of proceedings in any court of law, the Ombudsman has no jurisdiction to 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)
How I considered this complaint
I considered information provided by the complainant, the Council’s response to his complaint, the law, and the Ombudsman’s Assessment Code.
My assessment
The courts have already made an order about Mr G having contact with his daughter. And he has begun court action to resolve any dispute between him and the Council about the arrangements for contact.
Final decision
We will not investigate Mr G’s complaint because he has already applied to the courts which are best placed to resolve the matter so we have no discretion to investigate.
Investigator's decision on behalf of the Ombudsman