Summary: We will not investigate this complaint about the actions of Council officers relating to the care of the complainant’s daughter. This is because the matters complained of are not separable from those considered in court.

The complaint

1. The complainant, who I will refer to as Mr X, complains that the Council has been at fault in the course of action relating to the care of his daughter.

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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. The courts have said we can decide not to investigate a complaint about any action by a council concerning a matter which is outside 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

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

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My assessment

7. Mr X’s daughter lives with him. He says, and the evidence he has provided demonstrates, that his daughter has been the subject of child protection action and both public and private law proceedings. The Council has recently asked the Court to make a care order in its favour.
8. Mr X complains that the council has been at fault throughout its involvement with his family. He argues that Council officers have acted with bias in favour of his daughter’s mother and have pursued a personal agenda against him. He says the Council’s involvement is unnecessary, as his daughter is demonstrably happy and well cared-for. He complains that the Council’s actions have caused him and his daughter significant distress and have wasted considerable time and public money.
9. The Ombudsman cannot investigate Mr B’s complaint because the matters about which he has complained are not separable from the matters which are, or have been, before the courts. Mr B says he understands the Ombudsman cannot change the decisions of the courts, but wants us to investigate the Council’s conduct and use of public money. We cannot do so. The conduct of officers, the assessments they have carried out and their alleged bias are inextricably bound up with the matters before the Court and could not be investigated separately. There is therefore no role for the Ombudsman.

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Final decision

10. We will not investigate Mr X’s complaint because the matters about which he complains are not separable from those considered in court.

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Investigator's decision on behalf of the Ombudsman