Summary: We cannot investigate this complaint about the Council’s decisions regarding the fitness of Mr X’s former partner to care for their children. The matters complained of are not separable from those that have been or could be raised during court proceedings concerning the care of the children.

The complaint

1. Mr X said the Council has his children subject to a child protection plan and there are current court proceedings. He said that despite this it is allowing his former partner to get away with heavy drinking, missing their children’s medical needs and allowing a young child to walk to school unsupervised.

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The Ombudsman’s role and powers

2. We cannot investigate a complaint if someone has started court action about the matter. (Local Government Act 1974, section 26(6)(c), as amended)

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How I considered this complaint

3. I considered information provided by the complainant.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Mr X has confirmed his children are subject to child protection plans and there are court proceedings ongoing. Where the fitness of a parent to care for children is disputed, only a court can decide these matters. The actions of either parent are relevant matters for the court in such circumstances. We have no authority to consider them during or after the court process.

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Final decision

6. We cannot investigate Mr X’s complaint because the matters he complains of are not separable from matters from those that are or could reasonably form part of an ongoing court process.

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Investigator's decision on behalf of the Ombudsman