Summary: On the evidence currently available, we cannot investigate Mr X’s complaint about the way the Council is dealing with him in respect of his child’s care. The Court is currently considering the child’s care and we cannot investigate the same issues.

The complaint

1. The complainant, whom I shall call Mr X, says the Council’s children services team has been unfair to him.

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The Ombudsman’s role and powers

2. 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)
3. 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

4. I considered information provided by Mr X which included the Council’s reply to him.
5. I considered the Ombudsman’s Assessment Code.
6. Mr X had an opportunity to comment on a draft version of this decision.

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My assessment

7. Mr X says he is taking legal action against another Council for the time he had in care as a child. He believes this has caused councils and other bodies to act unfairly towards him.
8. The Council says there are current Court proceedings about the care of his child, Y. It says Mr X is legally represented in those proceedings.
9. We cannot investigate the same issues the Court is considering. It is currently considering Y’s care which includes the contact Mr X can or should have with Y. It is reasonable to expect Mr X to tell the Court if he thinks any Council views about him shared with the Court are inaccurate or unfair. In addition, we cannot investigate the information the Council gives a Court which it uses to make its decisions.

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Final decision

10. We cannot investigate Mr X’s complaint. This is because the Court is considering his child’s care arrangements.

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Investigator's decision on behalf of the Ombudsman