Summary: We will not investigate this complaint about the Council’s involvement with Mr X’s children. The law prevents us from investigating matters that are before the courts.

The complaint

1. Mr X complained the Council has failed to safeguard his child. He says it has not shared the correct information with the courts and it refused to consider his complaint. He says its actions have impacted his mental health and family relationships. He wants the Council to be held accountable.

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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. Mr X’s children’s case is being considered in the family courts. The law prevents us from investigating matters that are before the courts. This includes the Council’s representations to the courts. We do not have discretion to consider this complaint and Mr X should raise his concerns with his solicitor.

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Final decision

7. We will not investigate Mr X’s complaint because we cannot investigate matters that are before the courts.

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Investigator's decision on behalf of the Ombudsman