Sunderland City Council (21 002 493)

Category : Children's care services > Child protection

Decision : Closed after initial enquiries

Decision date : 12 Jul 2021

The Ombudsman's final decision:

Summary: We cannot investigate some of Mr X’s complaint against children services because it is about legal proceedings. We will not investigate other matters because they are too closely related to current Court proceedings.

The complaint

  1. The complainant, whom I shall call Mr X, complains about the actions of the Council’s children services team. He says his children have not been protected properly and he has missed contact with them.

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The Ombudsman’s role and powers

  1. The law says we cannot normally investigate a complaint when someone could take the matter to court. However, we may decide to investigate if we consider it would be unreasonable to expect the person to go to court. (Local Government Act 1974, section 26(6)(c), as amended)
  2. 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)

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How I considered this complaint

  1. I considered information provided by the Mr X.
  2. I considered the Ombudsman’s Assessment Code.
  3. I considered Mr X’s comments on a draft decision.

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My assessment

  1. Mr X complains about various children services actions. This includes: not keeping to a child protection plan; poor communication; failing to follow court orders on provision of documents; the content of section seven and section 37 reports given to a Court. He says he has been discriminated against. He says the Council’s actions have failed to protect his children and he has missed contact with them as a result.
  2. The Council says it will not consider his complaint in detail while private Court proceedings about the children’s care continue.
  3. We cannot investigate:
    • The preparation, collation, and analysis of evidence, including reports written by social workers or other officers for court proceedings.
    • the use of a report written previously, in later court proceedings.
    • evidence given by council officers in any proceedings.
    • The same issues a Court is considering. This includes how the children should be protected and cared for, and the contact Mr X has.
  4. It is not appropriate for us to investigate any issues related to the children’s care, or the way the Council has acted towards Mr X, while the Court proceedings continue. It is reasonable to expect Mr X to tell the Court of any failings which affect his care abilities, the children’s care or the Council’s views on the children’s care.

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Final decision

  1. We will not and cannot investigate this complaint. This is because we cannot investigate the same issues a Court is considering nor other aspects of legal proceedings.

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Investigator's decision on behalf of the Ombudsman

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