North Yorkshire County Council (20 013 853)
Category : Children's care services > Child protection
Decision : Closed after initial enquiries
Decision date : 14 May 2021
The Ombudsman's final decision:
Summary: We cannot investigate Mr X’s complaint that the Council has failed to protect his children from harm. The matters complained of are not separable from the issue of where his children should live and who should have contact with them, which has been decided by courts recently, and it would have been reasonable for Mr X to raise his concerns in court.
The complaint
- Mr X said the Council failed to act to protect his children from harm by his ex-partner’s new partner. He said it had wrongly acted against him and taken sides.
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 if someone has started court action about the matter. (Local Government Act 1974, section 26(6)(c), as amended)
- The courts have said that where someone has used their right of appeal, reference or review or remedy by way of proceedings in any court of law, the Ombudsman has no jurisdiction to investigate. This is the case even if the appeal did not or could not provide a complete remedy for all the injustice claimed. (R v The Commissioner for Local Administration ex parte PH (1999) EHCA Civ 916)
How I considered this complaint
- I read Mr X’s complaint. I gave him an opportunity to comment on a draft decision.
What I found
- Mr X said his children are at risk of harm from his ex-partner’s new partner. It is clear from the correspondence between Mr X and the Council and the documents he sent me that the issue of their residence has been considered more than once in court, including recently, with a further hearing date referenced for 20 May 2021. It would have been and would be now reasonable for Mr X to raise the suitability of them living with his ex-partner’s new partner during the court cases. Although Mr X does not accept this, the involvement of the courts means we have no jurisdiction to investigate his complaint.
Final decision
- We cannot investigate this complaint. This is because Mr X has used his right to contest his children’s residence in court and it would have been and still is reasonable for him to have raised his concerns there. The matters complained of are not separable from that.
Investigator's decision on behalf of the Ombudsman