The Ombudsman's final decision
Summary: We cannot investigate Miss X’s complaint about the level of contact she has with her children. The matter is being considered by a court, and the law says the Ombudsman cannot investigate.
The complaint
Miss X complained the Council refused to allow her contact with her children who are subject to court proceedings.
Miss X said the matter caused her distress.
The Ombudsman’s role and powers
The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
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)
How I considered this complaint
I considered information provided by the complainant and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
We cannot investigate this complaint. The issues Miss X complained about are being considered by a court. It is for the court to determine the level of contact between Miss X and her children. The law says the Ombudsman cannot investigate matters considered by a court.
Final decision
We cannot investigate Miss X’s complaint because the issues complained about are being considered by a court.
Investigator's decision on behalf of the Ombudsman