Summary: We will not investigate this complaint about the Council’s refusal to consider Mr X’s children’s services complaint. The complaint is about the Council’s actions as part of court proceedings, and matters that are inextricably linked.

The complaint

1. Mr X complained the Council refused to consider his complaint, claiming it was about a court matter. He says his complaint was about the social workers’ actions rather than the court matter. He says the matter has caused stress, and he wants the Council to review its complaint-handling procedures.

Back to top

The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
3. 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)
4. The courts have said we can decide not to investigate a complaint about any action by an organisation concerning a matter which the law says we cannot investigate. (R (on the application of M) v Commissioner for Local Administration [2006] EHWCC 2847 (Admin))
5. We have the power to start or end an investigation into a complaint about actions the law allows us to investigate. We may decide not to start or continue with an investigation if we think the issues could reasonably be, or have been mentioned as part of the legal proceedings regarding a closely related matter. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended, section 34(B))

Back to top

How I considered this complaint

6. I considered information provided by the complainant.
7. I considered the Ombudsman’s Assessment Code.

Back to top

My assessment

8. Mr X’s complaint to us centres around the Council’s refusal to consider his complaint about its children’s social workers’ involvement with his family. The Council said it could not respond to his complaint while court proceedings were ongoing.
9. The law prevents the Ombudsman from investigating what happened in court. This includes the Council officers’ actions as part of those proceedings and any reports they have submitted for the courts to consider.
10. Mr X’s complaint relates to matters including:
• the social worker’s assessment of the child’s parents;
• the Council’s expectations relating to screening other adults who may become involved in the child’s life; and
• the relationship between the social worker and the child’s parent.
11. These matters are inextricably linked to the court process, because the consequence of the issues Mr X raises are any recommendations the Council has made to court in relation to the child’s welfare.
12. We can decide not to investigate matters that should be raised as part of the court process. Mr X is not party to proceedings, because he is not the relevant child’s father. Therefore, he may not be able to raise the matters in court himself. However, the child’s parent may raise these matters in court and we will not investigate them.
13. The courts have also confirmed we can also decide not to investigate a council’s complaint process in relation to a matter outside of our jurisdiction. We therefore will not investigate the complaints process.

Back to top

Final decision

14. We will not investigate Mr X’s complaint because it is about matters that are inextricably linked to court proceedings.

Back to top

Investigator's decision on behalf of the Ombudsman