The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s involvement in Mr X’s child’s case. The law prevents us from investigating councils’ representations to court.
The complaint
Mr X complained about the Council’s involvement in his child’s case. He said it did not properly assess the situation and it has put his child at risk. He wanted the Council to carry out further assessment.
The Ombudsman’s role and powers
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 and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Mr X’s complaint is about the Council’s assessment of his child. Mr X and his child’s mother are currently in private court proceedings.
The law prevents us from investigating what happened in court. This involves the substance of the Council’s representations to court. The actions the Council took in assessing the child are too closely related to the outcome of its report and the proceedings, and Mr X should raise his concerns as part of the proceedings.
The Council has reopened the child’s case to investigate the concerns Mr X has raised. Its findings can be included in the court proceedings.
Final decision
We will not investigate Mr X’s complaint because it is about matters that are being considered in court.
Investigator's decision on behalf of the Ombudsman