Wirral Metropolitan Borough Council

The Ombudsman's final decision

Summary: We will not investigate Mr X’s complaint about Children’s Services decisions affecting contact with his family members. This is because of ongoing family court proceedings which places his complaint outside of our remit.

The complaint

In summary, Mr X complains about the Council’s decisions concerning contact with his family, the implementation of court orders and the contents of a court report.

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

The Council reports that Mr X’s complaint issues are linked to ongoing family court proceedings. It says it will not investigate as this could prejudice the court process. It has told Mr X he can send his complaint issues again once the court action was finished. It also advised him to raise any concerns about evidence before the court through his legal representative.

We will not investigate this complaint because the core issues Mr X raises are linked to matters before the family court. And I note Mr X writes that he intends to bring these matters to the attention of the court. The courts are best placed to determine issues relating to child contact arrangements, the implementation of court orders, the weight to be given to professional evidence, and whether the linked actions taken by Children's Services are appropriate. This places Mr X’s complaint outside our remit.

Final decision

We will not investigate Mr X’s complaint because it lies outside our jurisdiction.

Investigator's decision on behalf of the Ombudsman