Summary: The Ombudsman cannot investigate if the Council should have taken action to protect Mr X’s children. The Court is considering the children’s care and we cannot investigate the same issues.

The complaint

1. The complainant, whom I shall call Mr X, says the Council failed to properly investigate his reports that his children were being harmed.

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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 have the power to start or discontinue an investigation into a complaint within our jurisdiction. We may decide not to start or continue with an investigation if we think the issues could reasonably be, or have been, raised within a court of law. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended)
4. 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.
5. 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

6. I considered the information Mr X provided with his complaint and the Council’s replies to him. Mr X had an opportunity to comment on a draft version of this decision.

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What I found

Background

7. Mr X contacted the Council’s children services team in August 2019 about the care his children received while with their mother. The Council carried out a child and family assessment. Mr X says this did not properly include his views. The Council accepts that it did not fully get his views. It says this is because of failed meetings. Mr X disputes this.
8. The Council closed its case in mid September 2019. It said there was no reason for it to be involved and Mr X should consider private law proceedings.
9. The Council say by mid November 2019, private law proceedings had begun. It understands the Court will not ask the Council to carry out an assessment on the children’s welfare as part of those proceedings.
10. Mr X says he did not see his children for many weeks. He says this is because of the Council’s report which he thinks is inadequate.

Analysis

11. We cannot investigate the same issues the Court is considering. As part of child arrangements proceedings, the Court must consider the children’s overall welfare. This includes whether there should be any child protection investigation.
12. We could investigate the child and family assessment. But the claimed effect of this assessment, the lack of contact, is now something the Court is deciding. This means it is inappropriate for us to investigate the children and family assessment.

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Final decision

13. The Ombudsman will not and cannot investigate this complaint. This is because the Court is now considering the children’s welfare.

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Investigator's decision on behalf of the Ombudsman