The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council intimidating a parent into keeping a child from Mr X. This is because the complaint does not meet the tests in our Assessment Code on how we decide which complaints to investigate. These matters are not separable from those of contact with and the residence of a child, which are for a court to decide. Mr X has a right to go to court about these matters it would be reasonable to use.
The complaint
Mr X said the Council intimidated his child’s other parent into keeping the child away from him.
The Ombudsman’s role and powers
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.
Final decision
We will not investigate Mr X’s complaint because it is not separable from matters of the contact and residency of his child, which is for a court to decide. Mr X has a right to go to court it would be reasonable to use.
Investigator's decision on behalf of the Ombudsman