The Ombudsman's final decision
Summary: We cannot investigate this complaint about the Council’s interpretation of a judge’s wishes. The matters complained of are not separable from the conduct of court proceedings.
The complaint
Mr X said the Council is wrongly stating that a judge must approve a risk assessment before he can see his children.
The Ombudsman’s role and powers
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) The law says we cannot normally investigate a complaint when someone could take the matter to court. However, we may decide to investigate if we consider it would be unreasonable to expect the person to go to court. (Local Government Act 1974, section 26(6)(c), as amended)
How I considered this complaint
I considered information provided by the complainant.
I considered the Ombudsman’s Assessment Code.
My assessment
The matter complained of concerns an assessment ordered by a court. Only a court can decide disputed matters of contact with children and a judge’s intention. We have no jurisdiction to do so.
Final decision
We will not investigate Mr X’s complaint because it is not separable from matters that have been decided by a court. Only a court could give Mr X the outcome he is looking for. It would be reasonable for him to return to court.
Investigator's decision on behalf of the Ombudsman