The Ombudsman's final decision
Summary: We will not investigate this complaint about children’s services because we cannot investigate what happened at court and the issues could reasonably be, or have been mentioned as part of the legal proceedings which are already ongoing in relation to Miss Y’s children.
The complaint
Miss Y complained the Council failed to include her concerns about the father of her children in its submission to the courts. Miss Y says the Council also wrongly supported contact between her children and their father despite concerns being raised.
Miss Y says this has left her children extremely vulnerable to abuse and in danger. She says she feels they have all been let down by the Council and also feels blamed.
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) 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) 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))
How I considered this complaint
I considered information Miss Y provided and the Ombudsman’s Assessment Code.
My assessment
The law prevents us from becoming involved in matters that are or have been the subject of court proceedings. The issues raised are intrinsically linked to the proceedings which are or have already been considered by the courts so we will not investigate. Any contact arrangements and reports for the court have been part of legal proceedings so we do not have the power to investigate these matters. We will not investigate.
If Miss Y wishes to seek changes to the existing arrangements relating to her children’s residence or contact arrangements, she would need to approach the court to raise these issues. We have no power to intervene or make decisions in place of the court. Only the court can decide what is in a child’s best interest and on any matters of dispute. We would consider it reasonable to expect Miss Y to go to court about such matters.
Final decision
We will not investigate Miss Y’s complaint because we cannot investigate what happened at court and the issues could reasonably be, or have been mentioned as part of the legal proceedings which are already ongoing in relation to Miss Y’s children.
Investigator's decision on behalf of the Ombudsman