Summary: We cannot investigate Mr C’s complaint about the involvement of the Council’s children’s services with his family. This is because the matter has been considered in court.

The complaint

1. Mr C complains about how the Council’s children’s services dealt with matters regarding the care of one of his children. Mr C says the Council’s decision to pursue the matter through the courts caused his family distress.

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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. We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council has done. (Local Government Act 1974, sections 26B and 34D, as amended)

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How I considered this complaint

5. I have considered Mr C’s complaint and the Council’s response. I have invited Mr C to comment on a draft version of this decision.

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What I found

6. In October 2016, the court granted the Council a protection order, in relation to one of Mr C’s children.
7. In November 2017, the case was heard in court again, and the protection order was discharged.
8. Mr C says the Court cleared his family of any wrongdoing in the second hearing and therefore the Council should not have proceeded with court action.
9. Mr C says the Council has caused he and his family significant distress and that the Council should compensate his for this.

Assessment

10. I cannot investigate Mr C’s complaint because the matter was decided at court and the law does not allow us to investigate anything which forms part of legal proceedings.
11. Mr C says he wants us to investigate the Council’s process, rather than what happened in court. However, these processes relate to what happened in court and are not seperable.
12. Mr C’s complaint is also late. The court proceedings were concluded in April 2017, but Mr C did not raise his complaint until some four years later. I do not consider that there is a reason that Mr C could not have complained about the matter sooner.

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Final decision

13. We cannot investigate this complaint. This is because the matter has been considered in court.

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Investigator's decision on behalf of the Ombudsman