West Sussex County Council (19 017 762)
Category : Children's care services > Child protection
Decision : Closed after initial enquiries
Decision date : 10 Mar 2020
The Ombudsman's final decision:
Summary: Mr X complains about how the Council is dealing with his child’s case. The Ombudsman cannot investigate this complaint because it relates to court proceedings, which are ongoing. It is reasonable for Mr X to raise his concerns as part of those proceedings.
The complaint
- Mr X complains about the Council’s involvement with his child. He says that the Council is using the threat of removing his child, whom I shall call Z, as a way of intimidating him and his wife.
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)
- 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)
How I considered this complaint
- I considered the complaint and the information provided by Mr X and the Council. I have written to Mr X with my draft decision and given him an opportunity to comment.
What I found
- Z is currently the subject of child protection proceedings.
- Mr X raises several concerns about the Council relating to the social workers involved in Z's case. He says that the Council has intentionally misinterpreted accidental injuries to Z in order to accuse him and his wife of deliberate harm. He also says that Council Officers have lied in court.
- Mr X says that as a result, both he and his wife feel intimidated and discriminated against by the Council.
- The Ombudsman cannot investigate complaints about the start of court action or what happened in court.
- None of the concerns Mr X raises are separable from the ongoing court proceedings. It is reasonable for Mr X to raise the matters about which he complains as part of these proceedings.
Final decision
- The Ombudsman cannot investigate this complaint because it relates to court proceedings, which are ongoing. It is reasonable for Mr X to raise his concerns as part of those proceedings
Investigator's decision on behalf of the Ombudsman