Summary: We cannot investigate this complaint about the Council’s actions in assessing Mr X and his family as part of child protection work. This is because the complaint does not meet the tests in our Assessment Code on how we decide which complaints to investigate. The matters complained of are not separable from matters that have or could reasonably have been raised during court proceedings.

The complaint

1. Mr X said the Council has refused to investigate matters that happened before his case became subject to a legal process.

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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 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 and the Council.
6. I considered the Ombudsman’s Assessment Code.

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Final decision

7. We cannot investigate Mr X’s complaint because the matters complained of are not separable from matters that either were or could reasonably have been raised within a court of law.

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Investigator's decision on behalf of the Ombudsman