The Ombudsman's final decision
Summary: We will not investigate Mr X’s complaint about children services actions. We cannot investigate matters which are part of legal proceedings, and we are unlikely to achieve a significantly different remedy for the other aspects of his complaint.
The complaint
The complainant, whom I shall call Mr X, complains about children services actions.
The Ombudsman’s role and powers
We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We do not start or continue an investigation if we decide: we could not add to any previous investigation by the organisation, or further investigation would not lead to a different outcome. (Local Government Act 1974, section 24A(6), as amended) 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 information provided by Mr X and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Mr X says the Council has failed to invite him to meetings about his child, has not properly considered his safeguarding concerns and has not provided him with minutes of meetings held about his child.
The Courts are now considering the child’s care. The Council says the Court has asked it to provide a report on the child’s welfare. We cannot investigate the content or preparation of any Court order report. In addition, we cannot look at Mr X’s safeguarding concerns as the child’s care is now a matter for the Court to consider and decide.
The Council has agreed to hold separate meetings with Mr X. It says it has already held one. We are unlikely to achieve a significantly different remedy for this part of his complaint.
The Council says it will issue Mr X with all the minutes of meetings; it so far may not have done so. It is planning to do so at a forthcoming home visit. We are unlikely to achieve a significantly different remedy for this part of his complaint.
Final decision
We will not investigate Mr X’s complaint because we cannot investigate matters which are part of legal proceedings, and we are unlikely to achieve a significantly different remedy of the other aspects of his complaint.
Investigator's decision on behalf of the Ombudsman