Summary: We will not investigate this complaint about Mr X’s contact arrangements with his children. This is because it would be reasonable for Mr X to refer this matter to the courts.

The complaint

1. Mr X complained that the Council would not support him in resuming his relationship with his children and would not investigate the complaint he raised about this.
2. He said the Council’s actions have caused him distress.

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The Ombudsman’s role and powers

3. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
4. 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)

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How I considered this complaint

5. I considered information provided by Mr X and the Council.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. Mr X complained to the Council following a court order which restricted access to his children. He said the Council should support him in resuming contact with his children and raised concerns for their wellbeing.
8. The Council told Mr X the custody and contact arrangements were the court’s decision and it would therefore not investigate his complaint.
9. Mr X wants us to find the Council at fault because he remains unhappy with the contact arrangements in place with his children. However, as the courts have decided the custody and contact arrangements, the Council cannot assist Mr X in making changes to them. Mr X must instead raise his concerns with the courts.

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Final decision

10. We will not investigate this complaint about Mr X’s contact arrangements with his children. This is because it would be reasonable for Mr X to refer this matter to the courts.

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Investigator's decision on behalf of the Ombudsman