The Ombudsman's final decision
Summary: We cannot investigate Ms X’s complaint about the outcome of care proceedings and the current custody arrangements for her children because it lies outside our jurisdiction. The law prevents us from investigating complaints about matters that have been considered and decided in court proceedings.
The complaint
The complainant, Ms X, complains about the outcome of care proceedings for her children which has resulted in them being placed in the full time care of their father instead of the 50/50 custody arrangement that was in place prior to the proceedings.
The Ombudsman’s role and powers
We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse effect on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We do not start an investigation if we decide the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended) 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.
I considered the Ombudsman’s Assessment Code.
My assessment
Ms X complained to the Council about the outcome of recent care proceedings. The court decided her children should be placed in the full time care of their father.
The Council told Ms X it would not consider her complaint further because it was about matters that had been decided in court proceedings and Ms X had the opportunity to participate and challenge matters during the proceedings. It advised Ms X to seek legal advice if she wants to challenge the court’s decision. It explained it cannot change the court’s decision.
We cannot investigate Ms X’s complaint because it lies outside our jurisdiction. The law prevents us from investigating complaints about matters that have been subject to court proceedings. We have no discretion to do so.
Any dissatisfaction with the outcome of the court proceedings and the court’s decision would need to be returned to the court. It is not a matter we can consider and we cannot change or question the court’s decisions.
Final decision
We cannot investigate Ms X’s complaint because it lies outside our jurisdiction and the law says we cannot consider it.
Investigator's decision on behalf of the Ombudsman