Northamptonshire County Council (19 017 038)
Category : Children's care services > Child protection
Decision : Closed after initial enquiries
Decision date : 13 Feb 2020
The Ombudsman's final decision:
Summary: Mr L complained the Council defamed his character when it raised concerns about his safety around children and asked him to attend a course for perpetrators. The Ombudsman cannot consider this complaint as it was considered in court.
The complaint
- Mr L complained the Council defamed his character when it raised concerns about his safety around children and asked him to attend a course for perpetrators. He says this caused him and family significant distress and resulted in a loss of earnings.
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 have considered all the information Mr L provided. I have also considered the Council’s response. I wrote to Mr L with my draft decision and gave him the opportunity to comment.
What I found
- The Court issued a Care Order and Placement Order for Mr L’s daughter in November 2018. An adoption order was granted at a final hearing in December 2019.
- Mr L says before court proceedings began the Council was worried about his safety around children. The Council requested he attend a course for perpetrators to address its concerns.
- Mr L raised the Council’s worries and actions during the court proceedings. He says the judge stated the Council had insufficient evidence to justify its concerns.
- Mr L says he and his family have been extremely distressed by the Council identifying him as a potential threat to children. He says this has caused significant disruption to his life and has cost him several jobs.
- The law says the Ombudsman cannot investigate any matter which has already been considered by a court. Therefore, I cannot investigate Mr L’s complaint.
Final decision
- The Ombudsman cannot investigate this complaint. This is because it was considered in court.
Investigator’s decision on behalf of the Ombudsman
Investigator's decision on behalf of the Ombudsman