The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s children’s services actions in relation to the contact and care arrangements of a child. This is because the matters are subject to court proceedings which place them out of our jurisdiction.
The complaint
The complainant, who I will call Mr X, complains that the Council lied in court and recorded inaccurate information about him which led to his child being removed from his care and their contact restricted. Mr X wants his child returned to his care and for a criminal investigation into his father to be reinvestigated.
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 information provided by the complainant.
I considered the Ombudsman’s Assessment Code.
My assessment
I cannot investigate this complaint. This is because the care and contact arrangements for Mr X’s child have been subject to court proceedings which places the matters outside of our jurisdiction. We also have no jurisdiction to investigate matters relating to criminal investigations carried out by the police.
Final decision
We will not investigate Mr X’s complaint because the matters are subject to court proceedings.
Investigator's decision on behalf of the Ombudsman