The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s response to the removal of Mr X’s children from the UK. The matter complained of is not separable from the residence and care of children, which can only be decided by a court when the children are in the UK. It would be reasonable for Mr X to use his right to go to court.
The complaint
Mr X said the Council sided with his children’s mother after she removed the children from the UK. He said it failed to tell him she was returning to the UK with the children.
The Ombudsman’s role and powers
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.
My assessment
Mr X’s complaint is not separable from issues of residence and contact with his children, and who is a fit and appropriate person to care for them. These are matters only a court can resolve when the children are in the UK. Mr X has a right to go to court it would be reasonable to use.
Final decision
We will not investigate Mr X’s complaint because it is not separable from matters where he has a right to go to court it would be reasonable to use.
Investigator's decision on behalf of the Ombudsman