The Ombudsman's final decision
Summary: We will not investigate this complaint about the restriction of Mr X’s contact with his child by the Council. Mr X has a right to go to court to seek changed contact arrangements it would be reasonable to use.
The complaint
Mr X said the Council has ignored him for years and had unreasonably restricted his contact with his child. He said a social worker had also ignored his child’s wishes and gone against what was said in court. He said he wanted help and would not give up.
The Ombudsman’s role and powers
The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
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
Only a court could order different contact arrangements between Mr X and his child. We cannot do this. Mr X’s complaint about the Council’s actions relates directly to its decisions about this contact. Therefore, it would be reasonable for him to return to court.
Final decision
We will not investigate Mr X’s complaint because he has a right to go to court it would be reasonable to use.
Investigator's decision on behalf of the Ombudsman