The Ombudsman's final decision
Summary: We will not investigate this complaint that the Council has declined to reconsider its position regarding the care of the complainant’s children. This is because it concerns matters which have been considered and decided in court.
The complaint
The complainant, who I will refer to as Miss X, complains that the Council has declined to reconsider the care of her children, who are currently the subject of a Child Arrangement Order.
The Ombudsman’s role and powers
We have the power to start or end an investigation into a complaint about actions the law allows us to investigate. We may decide not to start or continue with an investigation if we think the issues could reasonably be, or have been, mentioned as part of the legal proceedings regarding a closely related matter. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended, section 34(B)) 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.
I considered the Ombudsman’s Assessment Code.
My assessment
Miss X’s children are the subject of a Child Arrangement Order, under which they live with a relative, and a Supervision Order. Miss X has supervised contact with them, as directed by the Court. Miss X has asked the Council to reconsider its position regarding the care of the children. She cites lifestyle changes she has made and wants the Council to take them into account.
In response, the Council has declined to reconsider the matter. It points out that the children’s care and contact arrangements have been decided in court, and that Miss X must take the matter back to court if she wants the arrangements changed.
The Ombudsman will not investigate Miss X’s complaint. The matters about which she complains are not separable from decisions which have been made in court. Miss X's recourse is to ask the Court to reconsider the care arrangements. There is no role for the Ombudsman.
Final decision
We will not investigate Miss X’s complaint because it concerns matters which have been considered and decided in court.
Investigator's decision on behalf of the Ombudsman