The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s care of the complainant’s children. This is because the complaint relates to matters that have been, or can be, raised in court.
The complaint
The complainant, who I will refer to as Mr B, complains that the Council has been at fault in the care of his children.
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, sections 24A(6) and 34B(8), 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 and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Mr B says his children have been in the Council’s care since 2014. He complains that the Council has kept them in care without legal authority, has prevented him having contact with them and has failed to allow him to attend looked after children reviews Mr B further complains about the care the children have received. Specifically, he argues that their cultural and religious needs have not been met and they have been prevented from having contact with each other. He also suggests that gifts he has given for the children may not have been passed on.
We will not investigate Mr B’s complaint because it concerns matters which have been, or can be, raised with the court. The complaint correspondence I have seen shows that Mr B has made repeated applications to court regarding his children’s care. The law prevents the Ombudsman from investigating matters the court has decided. There is no discretion available to us on this point.
It was open to Mr B to ask the courts to make different arrangements for the care of and contact with his children. He could have raised his concerns about the care they receive with the court, and it would have been reasonable for him to do so. There are no grounds for the Ombudsman to intervene.
Final decision
We will not investigate Mr B’s complaint because it relates to matters which have been, or can be, raised in court.
Investigator's decision on behalf of the Ombudsman