The Ombudsman's final decision
Summary: We cannot investigate this complaint about Council actions that concern Miss X’s contact with her children. This is because the complaint does not meet the tests in our Assessment Code on how we decide which complaints to investigate. The matters complained of are not separable from matters which form part of or could reasonably form part of court proceedings.
The complaint
Miss X said the Council had cost her precious time with her children. She complained about inconsistent actions by the Council in response to her attempts to get it to re-assess. She said the Council was now blaming her ex-partner and had told her it could not do assessments unless the court asked it to.
The Ombudsman’s role and powers
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) We cannot investigate a complaint if someone has started court action about the matter. (Local Government Act 1974, section 26(6)(c), as amended) We have the power to start or discontinue an investigation into a complaint within our jurisdiction. We may decide not to start or continue with an investigation if we think the issues could reasonably be, or have been, raised within a court of law. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended)
How I considered this complaint
I considered information provided by the complainant.
I considered the Ombudsman’s Assessment Code.
Final decision
We cannot investigate Miss X’s complaint because the matters she complains of are not separable from matters that either form part of court proceedings or could reasonably do so.
Investigator's decision on behalf of the Ombudsman