The Ombudsman's final decision
Summary: We cannot investigate this complaint about the Council’s response to Mr X’s concerns about his ex-partner’s care of their children. This is because the complaint does not meet the tests in our Assessment Code on how we decide which complaints to investigate. The matters complained of are not separable from matters that have been subject to court proceedings.
The complaint
Mr X said the Council ignored his safety concerns, failed to communicate properly with him and made up lies about him. He said it accused him of making up accusations when there was evidence to support what he said, labelled him as a perpetrator of abuse and told him it was a private matter for a court rather than the Council.
The Ombudsman’s role and powers
We cannot investigate a complaint if someone has started court action about the matter. (Local Government Act 1974, section 26(6)(c), as amended) 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)
How I considered this complaint
I considered information provided by the complainant and the Council.
I considered the Ombudsman’s Assessment Code.
Final decision
We cannot investigate Mr X’s complaint because it is not separable from matters of who may safely care for the children of the family, which has been subject to court proceedings.
Investigator's decision on behalf of the Ombudsman