The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s actions concerning her and her child. The matters complained of are not separable from the contact and residence arrangements for a child. These matters have been subject to court proceedings. Mrs X also has a right to go to court it would be reasonable to use as only a court can vary the contact arrangements for children.
The complaint
Mrs x said the Council did not offer preventive support or reply to her request for information to help in seeking suitable family support. She said the Council offered unsuitable support, obstructed her complaint, and wrongly said the matters complained of were for a family court.
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 courts have said that where someone has used their right of appeal, reference or review or remedy by way of proceedings in any court of law, the Ombudsman has no jurisdiction to investigate. This is the case even if the appeal did not or could not provide a complete remedy for all the injustice claimed. (R v The Commissioner for Local Administration ex parte PH (1999) EHCA Civ 916) 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) The Courts have said that we cannot investigate a complaint about any action by a council, concerning a matter which is itself out of our jurisdiction. (R (on the application of M) v Commissioner for Local Administration [2006] EHWCC 2847 (Admin)) It is not a good use of public resources to investigate complaints about complaint procedures, if we are unable to deal with the substantive issue.
How I considered this complaint
I considered information provided by the complainant.
I considered the Ombudsman’s Assessment Code.
My assessment
The email correspondence with the Council that Mrs X supplied shows the issue at the heart of the complaint is her contact with a child. Her view as given in the correspondence is that the child has been subject to parental alienation by her former partner. She says her contact with her child has been prevented or restricted for three years. The contact arrangements were subject to a court order, and only another court can vary them, or decide whether the parent with whom the child lives is no longer suitable to care for the child. We cannot act as a substitute for that process.
Final decision
We will not investigate Mrs X’s complaint because the matters complained of are not separable from matters which have either: Formed part of court action concerning contact with her child, which we cannot investigate; or Are ones where Mrs X has a right to go to court it would be reasonable to use; or Concern the way the Council dealt with matters that we are not investigating.
Investigator's decision on behalf of the Ombudsman