Summary: We cannot investigate this complaint about the Council closing a case before contact between Miss X and her children was re-established, and consistently refusing to re-open the matter. The matters complained of are not separable from matters of contact with children, which have been subject to court proceedings, and which could only be decided by a court.

The complaint

1. Miss X said the Council closed her children’s case before contact was re-established in accordance with a court order that left the Council to supervise contact. She said the Council has consistently refused to re-open the case, and that going to court would be futile because its reports undermine her concerns.

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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 if someone has started court action about the matter. (Local Government Act 1974, section 26(6)(c), as amended)
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 the complainant.
6. I considered the Ombudsman’s Assessment Code.

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Final decision

7. We cannot investigate Miss X’s complaint because the matters she complains are not separable from the contact arrangements for her children. A court decide these and only a court could mandate the same or changed arrangements. It would therefore be reasonable for Miss X to use her right to go to court.

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Investigator's decision on behalf of the Ombudsman