Summary: We will not investigate this complaint about the Council’s safeguarding involvement with his children. The law prevents us from considering matters considered during court proceedings.

The complaint

1. Mr X complained about the Council’s involvement in his children’s case, which he says has been biased and misrepresented him as a father. He says this has caused significant impact to his relationship with his children and knock-on effects on his children’s mental health and wellbeing. He wants the Council to investigate fairly and without bias.

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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)

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How I considered this complaint

4. I considered information provided by the complainant.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. The Council became involved in Mr X’s children’s case in 2022. He says the Council has been biased against him. There are now court proceedings ongoing to determine the children’s future.
7. The law prevents us from considering what happens in court. This includes the Council’s actions during court proceedings and information it provides to the court for consideration. We have no jurisdiction to consider Mr X’s complaint. He should raise his concerns with his solicitor so that they may be considered by the court.
8. It is open to Mr X to complain again to the Council and then us after court proceedings have completed, at which time we can consider whether there is anything within our jurisdiction, that is separable from the proceedings.

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Final decision

9. We will not investigate Mr X’s complaint because it is about matters currently being considered in court.

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Investigator's decision on behalf of the Ombudsman