The Ombudsman's final decision
Summary: We will not investigate Mr X’s complaint about his children being placed with other relatives. This is because it concerns matters decided in court and we have no power to intervene.
The complaint
Mr X complains the Council prevented him from having contact with his children for a period. Mr X says this affected the mental health of his family. Mr X wants the Council to stop threatening him in connection with his family matters.
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) The law says we cannot normally investigate a complaint unless we are satisfied the organisation knows about the complaint and has had an opportunity to investigate and reply. However, we may decide to investigate if we consider it would be unreasonable to notify the organisation of the complaint and give it an opportunity to investigate and reply. (Local Government Act 1974, section 26(5), section 34(B)6)
How I considered this complaint
I considered information provided by the complainant and the Council’s May 2025 response to his complaint. I also considered the Ombudsman’s Assessment Code.
My assessment
The Council’s response to Mr X’s complaint advises that it was the Police who placed his children with other relatives. The Council says its involvement was restricted to writing a welfare report requested by the court.
We will not investigate. This is because the decision to remove contact with his children was taken by the police and then considered in court. We have no remit to revisit matters in connection with court matters.
I understand Mr X has had recent contact with the Council. This covers more recent issues, but we cannot consider. Mr X has not exhausted the Council’s complaints procedure, so these are premature under our procedures.
Final decision
We will not investigate Mr X’s complaint because he is raising matters that have been considered in court. And more recent matters are premature under our procedures.
Investigator's decision on behalf of the Ombudsman