London Borough of Hillingdon (21 006 637)
Category : Children's care services > Child protection
Decision : Closed after initial enquiries
Decision date : 17 Oct 2021
The Ombudsman's final decision:
Summary: We cannot investigate this complaint that the Council produced an inaccurate and poorly written child and family assessment. This is because the assessment has been considered during court proceedings which places the matter outside of our jurisdiction.
The complaint
- The complainant, who I will call Mr X, complains about the contents of a child and family assessment the Council produced. Mr X says the assessment has negatively impacted his relationship with his children.
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 about the start of court action or what happened in court. (Local Government Act 1974, Schedule 5/5A, paragraph 1/3, as amended)
- 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)
How I considered this complaint
- I considered information provided by the complainant and the Council.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Following a referral, the Council carried out an assessment of Mr X’s family circumstances.
- Mr X’s children were subsequently the subject of court proceedings during their parents divorce. During these proceedings the Council’s assessment was considered by the courts.
- I cannot investigate Mr X’s complaint. This is because the assessment has been considered by the courts and its contents are therefore outside of our jurisdiction.
- Even if the assessment had not been considered in court, I would not investigate this complaint. It is for the courts to decide upon contact arrangements and not the Ombudsman. It would therefore be reasonable for Mr X to pursue the matter through the courts, which he has said he plans to do. Mr X would then have the opportunity to challenge any evidence that the Council may be asked by the courts to provide.
Final decision
- We will not investigate Mr X’s complaint because the matter has been subject to court proceedings.
Investigator's decision on behalf of the Ombudsman