The Ombudsman's final decision
Summary: We cannot investigate Mr X’s complaint the Council allowed their child to witness domestic abuse. That is because the Court decided where Mr X’s child must live. We cannot investigate matters decided by the Court.
The complaint
Mr X complained the Council allowed his child, B to live in a household where they witnessed domestic abuse. He wants the Council to financially compensate both him and B for the trauma experienced.
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
We cannot investigate Mr X’s complaint the Council allowed B to remain in a household where he witnessed domestic abuse. That is because the Court decided where B should live. The law says we cannot consider any matters that have been considered by the courts. It was appropriate for Mr X to raise any concerns he had as part of court proceedings.
Final decision
We cannot investigate Mr X’s complaint because we have no jurisdiction to consider matters that have been before the court.
Investigator's decision on behalf of the Ombudsman