Summary: We cannot investigate this complaint about the actions of social workers at the time when Mr X’s former partner left the area with their children. These matters are not separable from matters involved in ongoing court action.

The complaint

1. Mr X complained failures by the Council allowed his ex-partner to leave the area with their children despite a court order being in place. He said he has had to depend on family support to return to court to fight for his children despite the Council’s apology for its actions.

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The Ombudsman’s role and powers

2. We cannot investigate a complaint if someone has started court action about the matter. (Local Government Act 1974, section 26(6)(c), as amended)
3. The courts have said that where someone has used their right of appeal, reference or review or remedy by way of proceedings in any court of law, the Ombudsman has no jurisdiction to investigate. This is the case even if the appeal did not or could not provide a complete remedy for all the injustice claimed. (R v The Commissioner for Local Administration ex parte PH (1999) EHCA Civ 916)

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How I considered this complaint

4. I considered information provided by the complainant.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Mr X’s return to court means the matters complained of are not separable from the matters likely to be before the court. This is particularly so if there has been any admission by the Council that its actions led to or facilitated what happened.

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Final decision

7. We cannot investigate Mr X’s complaint because he has exercised his right to go to court to regulate the contact and residency of his children.

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Investigator's decision on behalf of the Ombudsman