Summary: We will not investigate this complaint about the Council allegedly failing to support reunification between Mr X and his child. The matter complained of concerns contact with a child, which only a court can decide. It would therefore be reasonable for Mr X to use his right to go to court to seek different contact arrangements.

The complaint

1. Mr X complained the Council had colluded with his child’s kinship carers to obstruct his contact with his child. He said the child had been coerced into not liking him.

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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. 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

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

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My assessment

6. The complaint concerns alleged obstruction of contact with a child. Mr X said he wants his wider family and the Council to do more to improve his relationship with his child. It is clear the contact is a matter of dispute within the child’s wider family. Only a court can mandate what contact arrangements should be. We cannot make recommendations about contact to the Council.

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Final decision

7. We will not investigate Mr X’s complaint because he has a right to go to court it would be reasonable to use. This is because only a court could deliver the outcome Mr X is seeking.

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Investigator's decision on behalf of the Ombudsman