The Ombudsman's final decision
Summary: We cannot investigate Mr X’s complaint the Council has sent a court an assessment saying he should not care for his children and that it did not support him caring for them in a court case many years ago. We cannot lawfully investigate what happens as part of court proceedings.
The complaint
Mr X complains the Council, eleven years ago, supported the mother in a court case to decide who should care for their children. Mr X says he lost contact with his children and the Council is partly to blame.
Mr X complains the Council has taken his children into care due to the poor parenting of their mother and her partner. He says the mother does not want them back. Mr X says the Council’s viability assessment does not support him as a carer for the children. He says the Council has told lies about him in court.
The Ombudsman’s role and powers
The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
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)
How I considered this complaint
I considered the information and comments supplied by Mr X and the Council. The information includes the Council’s letter to Mr X dated 26 May 2022 explaining the position.
My assessment
I will not investigate this complaint for the following reasons: The Ombudsman cannot lawfully investigate what happens in court (see paragraphs 3 and 4 above). The Council says care proceedings continue and its viability assessment on Mr X is with the court. We cannot investigate the Council’s evidence, assessment, or recommendations to court. This includes the earlier court action which Mr X says happened eleven years ago.
We cannot achieve what Mr X wants. The Ombudsman could not say the Council is at fault for him not having contact with his children over many years when the mother was the legal carer. If Mr X wanted contact with his children, he could have applied to court for a child arrangement order.
Final decision
The Ombudsman cannot investigate Mr X’s complaint the Council has sent a court an assessment saying he should not care for his children and did not support him caring for them at a court case many years ago. We cannot lawfully investigate what happens as part of court proceedings.
Investigator's decision on behalf of the Ombudsman