Summary: We cannot investigate Mr X’s complaint about the Council’s alleged failure to follow correct procedures in reaching a decision that allegedly led to advice to his ex-partner not to return their children to him or allow him contact with them. The matters complained of are not separable from matters subject to court action.

The complaint

1. Mr X said the Council failed to follow the correct procedures when it decided to advise his ex-partner not to return their children to him or to allow him contact with them. Mr X says he has not seen his children for several months.

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The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
3. 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)
4. We cannot investigate a complaint if someone has started court action about the matter. (Local Government Act 1974, section 26(6)(c), as amended)
5. We have the power to start or discontinue an investigation into a complaint within our jurisdiction. We may decide not to start or continue with an investigation if we think the issues could reasonably be, or have been, raised within a court of law. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended)

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How I considered this complaint

6. I considered information provided by the complainant.
7. I considered the Ombudsman’s Assessment Code.

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My assessment

8. The correspondence Mr X provided stated the Council would not consider his complaint due to court action and referred him to us, which councils must do if they decline to deal with a complaint.
9. However, there is an absolute bar against us investigating matters that have been raised in court or could reasonably have been. That applies from the point anyone first approaches a court about a matter that is not separable from the court proceedings. The bar is permanent and remains after the court action ends.
10. Given there is or has been action in the family court regarding the contact and/or residency of Mr X’s children, the Council’s actions in advising his ex-partner and the procedures it followed in determining its position are not separable from matters that are, have been or could reasonably have been raised in court.

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Final decision

11. We cannot investigate Mr X’s complaint because the matters he complains of are not separable from matters that are, have been or could reasonably have been raised in court.

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Investigator's decision on behalf of the Ombudsman