Summary: We cannot investigate this complaint about an assessment carried out by the Council. The matter complained of is not separable from matters that either formed or could reasonably have formed part of court proceedings.

The complaint

1. Mr X said the Council failed to risk assess a child properly to protect the child from a violent and abusive mother. He wanted the Council to investigate properly.

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The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
3. 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)
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)
5. The Courts have said that we cannot investigate a complaint about any action by a council, concerning a matter which is itself out of our jurisdiction. (R (on the application of M) v Commissioner for Local Administration [2006] EHWCC 2847 (Admin))

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How I considered this complaint

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

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My assessment

8. The complaint correspondence Mr X provided states he discovered what the Council had written in an assessment in a disclosure for family court proceedings. He also referred to a finding of fact hearing. The assessment was disclosed to a court, so it formed part of court proceedings, and we cannot investigate it. The judgements the Council reached about the care of and risks to the child, whether faulty or not, either were or could reasonably also have formed part of family court proceedings. Court proceedings begin at the first application by either party to a court. We cannot investigate such matters either during proceedings or at any time after they have concluded. We cannot investigate the way the Council dealt with a complaint about a matter we are not able to investigate ourselves.

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Final decision

9. We cannot investigate Mr X’s complaint because:

• The matters complained of are not separable from matters that either formed part of court proceedings or could reasonably have been raised during court proceeding; and
• We cannot investigate a complaint about the Council’s actions in respect of matters that are outside our jurisdiction.

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Investigator's decision on behalf of the Ombudsman