The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s role in the loss of contact between the complainant and her grandson. This is because the complainant may take the matter back to court and it would be reasonable for her to do so.
The complaint
The complainant, who I will refer to as Mrs B, complains that the Council has failed to promote contact between her family and her grandson.
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 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
Mrs B’s grandson lives with his father. He has been the subject of private and public law proceedings and the Council shares parental responsibility with his parents. Mrs B complains that the Council is failing to act to promote contact between her grandson and his maternal family. She contends that the Court has instructed it to act on its statutory duty to promote contact.
The Ombudsman will not investigate this complaint because it concerns a matter which has been considered in court, and which Mrs B can take back to court if she wishes. The evidence Mrs B has provided shows that she applied unsuccessfully for a contact order. In dismissing her application, the Judge reminded the Council of its general duty to promote contact but did not impose any specific duties on it. The content of the judgement is itself outside the Ombudsman’s jurisdiction and we cannot consider it.
In the absence of a court order, it is for the Council to use its professional judgement regarding the level of contact, and it is entitled to reduce or end contact if it believes this to be in the interests of the child. If Mrs B considers that judgement is flawed, her recourse is to take the matter back to the courts. It would be reasonable for her to do so. The Ombudsman will not intervene.
Final decision
We will not investigate Mrs B’s complaint because she may take the matter back to court and it would be reasonable for her to do so.
Investigator's decision on behalf of the Ombudsman