Summary: We will not investigate this complaint about Mr X’s child because the matter is currently being considered by the courts. Mr X should raise his concerns as part of that process. He may complain again to the Council then us after the court process has finished.

The complaint

1. Mr X complains the Council has not safeguarded his child, who is in their mother’s care. This has led to his child’s neglect, and he wants the Council to remove the child from their mother’s care.

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The Ombudsman’s role and powers

2. 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

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

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My assessment

5. Mr X’s complaint relates to a matter that is currently being considered in the family court. Mr X should raise his concerns with the courts to ensure the information is taken into account as part of that process. When the courts have made a decision, it is open to Mr X to complain again to the Council and then us, if necessary. We will then be able to consider whether the Council’s actions prior to court proceedings justify investigation by the Ombudsman.

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Final decision

6. We will not investigate Mr X’s complaint because it is about matters that are currently being considered in court, and Mr X should raise his concerns as part of that process.

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Investigator's decision on behalf of the Ombudsman