Summary: We cannot investigate Mr X’s complaint about the Council’s children services teams actions in 2019. The events were either part of legal proceedings or too intrinsically linked to be able to be separated from those proceedings.

The complaint

1. The complainant, whom I shall refer to as Mr X, complains about the action of the Council’s children services team in 2019.

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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 investigate complaints about councils and certain other bodies. We cannot investigate the actions of bodies such as CAFCASS or hospital decisions. (Local Government Act 1974, sections 25 and 34(1), as amended)
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 extensive information Mr X provided with his complaint which included the Council’s reply to him. Mr X had the opportunity to comment on a draft version of this decision.

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What I found

7. The Council carried out a child protection investigation and assessment in 2019. This led to it issuing Court proceedings for the Court to consider if it needed to grant a Care Order for Mr X’s children. Mr X says the final hearing did not order a Care Order and the Council’s child protection case was closed.
8. Mr X complains about events during those proceedings including:- the content of reports given to the Court; the assessments undertaken of family members; the Council’s adherence to Court orders; the child’s movements between placements; the officers’ views and opinions on care; which Council team was dealing with the family; arrangements inside a hospital and staff professionalism.
9. Mr X says he complained in early 2020. He believes the COVID 19 pandemic affected the delayed response to, and pursuit of his complaint. The Council replied in April 2021.

Analysis

10. We cannot investigate:
1. Matters decided by a Court, which includes here the interim living and caring arrangements for the child while care proceedings continued in 2019.
2. The preparation, collation, and analysis of evidence, including reports and assessments written by social workers or other officers for court proceedings.
3. The use of a report written previously, in later court proceedings.
4. Evidence given by council officers in any proceedings.
5. The service of Court documents and evidence by the Council to Mr X.
6. CAFCASS provision of evidence.
7. The decisions made on care within a hospital.
11. We cannot investigate any issues which are inextricably linked and not separable from the matters in paragraph 10 above.
12. It would be difficult to investigate the social worker’s actions or manner separately from the Court proceedings and decisions related to. Our role is to investigate the actions of the Council as a corporate body, not to hold a single officer accountable. If Mr X has concerns about the professionalism or integrity of an individual social worker, it is reasonable to expect him to report his concerns to their professional body, Social Work England.
13. Mr X also complains about the way the Council managed and processed his complaint. We cannot investigate how the Council did so for the reasons set out in paragraph five.

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Final decision

14. We cannot investigate this complaint. This is because we cannot investigate matters which have been considered or decided by a Court or which form part of legal proceedings or which cannot be separated from those proceedings.

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Investigator's decision on behalf of the Ombudsman