The Ombudsman's final decision
Summary: We will not investigate this complaint about contact with children. Contact with the children in this complaint was decided by a court and any breach of a court order or change in the contact arrangements would be for another court to decide.
The complaint
Mr X complained the Council was responsible for lack of contact with children of his family. He wanted reunification.
The Ombudsman’s role and powers
We cannot investigate a complaint if someone has started court action about the matter. (Local Government Act 1974, section 26(6)(c), 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)
How I considered this complaint
I considered information provided by the complainant.
I considered the Ombudsman’s Assessment Code.
Final decision
We will not investigate Mr X’s complaint because contact arrangements have been set by a court. Any breach of those arrangements or request to change them would be a matter only another court could decide.
Investigator's decision on behalf of the Ombudsman