Summary: We cannot investigate this complaint about the Council’s actions concerning Mr X’s child. This is because the matter complained of are not separable from matters that were or could have been raised in court.

The complaint

1. Mr X said the Council failed to act when he asked for help with his son, who he said was being groomed. He said the Council wrongly blamed him after his son made an allegation and removed the child. He said this led to serious consequences for his health and his employment.

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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 cannot investigate a complaint if someone has started court action about the matter. (Local Government Act 1974, section 26(6)(c), as amended)
4. 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

5. I considered information provided by the complainant.
6. I considered the Ombudsman’s Assessment Code.

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Final decision

7. We cannot investigate Mr X’s complaint because it concerns the decisions of the Council regarding where it is safe for his child to live. The matters complained of are not separable from those that either formed part of court action over a long period until recently, or that could reasonably have been raised in court.

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Investigator's decision on behalf of the Ombudsman