The Ombudsman's final decision
Summary: We cannot investigate Mr X’s complaint about the Council’s children’s services involvement with his children. The matters complained about are currently being considered by a court, and the law says we cannot investigate.
The complaint
Mr X complains about the Council’s children’s services involvement regarding his children. Mr X said the matter caused him frustration and distress.
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 and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
We cannot investigate Mr X’s complaint about the Council’s children’s services involvement with his children including the accuracy of any social work reports, the decision to reduce his contact with his children, or any other part of Mr X’s complaints.
This is because there are active court proceedings regarding Mr X’s children. The issues Mr X complained about have either been decided by the court or could be raised with the court for it to consider as part of the ongoing proceedings. Consequently, we cannot investigate Mr X’s complaints.
Final decision
We cannot investigate Mr X’s complaints because the matters complained about are being considered by a court.
Investigator's decision on behalf of the Ombudsman