Summary: We cannot and should not investigate Mr X’s complaint about the Council’s children services caring of his child and attitude towards his family. The Court is currently considering the child’s care and welfare and we cannot investigate the same issues. It is not appropriate to investigate any separable issues during the Court proceedings.

The complaint

1. The complainant, whom I shall call Mr X, complains about the way the Council is caring for his child including the therapy the Council is providing, its communication with his family and interaction with them.

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The Ombudsman’s role and powers

2. 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)
3. We investigate complaints of injustice caused by 'maladministration' and 'service failure'. I have used the word 'fault' to refer to these. We cannot question whether a council’s decision is right or wrong simply because the complainant disagrees with it. We must consider whether there was fault in the way the decision was reached. (Local Government Act 1974, section 34(3), as amended)
4. We must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’. We provide a free service, but must use public money carefully. We may decide not to start or continue with an investigation if we believe it is unlikely we would find fault. (Local Government Act 1974, section 24A(6), as amended)
5. We can decide whether to start or discontinue an investigation into a complaint within our jurisdiction. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended)
6. The Courts have said that we cannot investigate a complaint about any action by a council, concerning a matter which is itself out of our jurisdiction. (R (on the application of M) v Commissioner for Local Administration [2006] EHWCC 2847 (Admin))

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How I considered this complaint

7. I considered the information Mr X provided with his complaint and the Council’s replies to him. I considered Mr X’s comments on a draft version of this decision.

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What I found

Background and complaints

8. Mr X’s complaint concerns events around the care of his child B. Around a year ago, the Council started to care for B because of behavioural issues. The Council applied to Court in July 2020 for an Interim Care Order whilst the Court considered B’s longer term care arrangements. Those proceedings continue.
9. During Court Care Proceedings, the child, in this case B, the Council appoints a guardian, who is independent of the Council, and their own solicitor, to represent their interests. They can ask the Court to order independent assessments and to rule on treatment and therapies. This can happen during the proceedings at the regular interim hearings. At every hearing the Court has the duty to consider the child’s welfare.
10. Ms X complained to the Council he said there is:
• poor care and medical oversight;
• poor communication and inefficient administration;
• delays in providing reports which are then unfair on Mr X’s family and ignore their views;
• a poor attitude towards the family.
11. He says B has been out of education and their health is declining.
12. Mr X says the Council has failed to reply to his complaint properly.

Analysis

13. We cannot investigate the care B is receiving as the Court is currently doing so. This includes therapies, medicines and activities.
14. We cannot investigate the communication which is related to the Court proceedings. This includes which documents the Council provides the Court, and their preparation. It also includes the use of documents produced before the Court proceedings started which are then used in those proceedings. It includes the Council’s communication with Mr X about the Court proceedings, and how or when it provides evidence to the Court and Mr X.
15. It is reasonable to expect Mr X to tell the Court of the flaws he believes there are in the Council’s views and reports.
16. Mr X alleges some poor communication issues which we are likely to say are poor practice and not reach the level of maladministration. It is not appropriate to consider other issues during the Court proceedings.
17. It is not a good use of public resources to investigate complaints about complaint procedures, if we are unable to deal with the substantive issue.

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Final decision

18. We cannot and should not investigate this complaint. This is because we cannot consider the same issues a Court is considering. And it is not appropriate to investigate his other complaints whilst those proceedings continue.

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Investigator's decision on behalf of the Ombudsman