The Ombudsman's final decision
Summary: We cannot investigate Mr X’s complaint that the Council has breached a court order because it lies outside our jurisdiction. The law prevents us from investigating complaints about matters that have been considered and decided in court proceedings. We have no discretion to do so.
The complaint
The complainant, whom I shall call Mr X, complains the Council has not acted in line with a court order.
The Ombudsman’s role and powers
The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
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)
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 X complained the Council has not acted in line with a court order which sets out what it should do to facilitate Mr X’s indirect contact with his children.
The Council told Mr X it would not consider his complaint via the complaints procedure because it is about a matter that has been subject to, and decided in, court proceedings.
Final decision
We cannot investigate Mr X’s complaint because it lies outside our jurisdiction. The law prevents us from considering complaints about matters that have been considered and decided in court, such as this. We have no discretion to do so.
Whether the Council has breached a court order is a matter only the courts can decide and action as appropriate. It is not a matter the Ombudsman can decide.
Investigator's decision on behalf of the Ombudsman