Summary: We will not investigate this complaint about the Council’s involvement in Mr X’s child’s case. The complaint concerns matters that were dealt with in court.

The complaint

1. Mr X complained about the Council’s decision to place his child with their mother despite his concerns she was responsible for a non-accidental injury the child sustained. He says the Council did not present the correct facts of the case in court. Mr X says he has experienced distress and he has not been able to see his child. He wants the child to be placed with him and for the child’s mother to have supervised contact only.

Back to top

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)

Back to top

How I considered this complaint

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

Back to top

My assessment

5. The law prevents us from investigating what happens as part of court proceedings. This includes the Council’s representations to the court.
6. We could not achieve the outcome Mr X seeks. We cannot change decisions made by a court. Only the courts can decide where a child should live and what contact they should have with their parents. It is open to Mr X to seek legal advice about whether any further legal action is open to him.

Back to top

Final decision

7. We will not investigate Mr X’s complaint because it is about matters that have been considered in court.

Back to top

Investigator's decision on behalf of the Ombudsman