Summary: We will not investigate this complaint about the Council’s actions in connection with court proceedings, or matters the complainant could reasonably have raised in court, or which are not separable from those matters, because the law says we cannot do so.

The complaint

1. Mr B is unhappy about the Council’s involvement with his family and the way social workers carried out their investigations and complied reports for the court in care proceedings. The court issued an interim care order about one of his children who has been taken into care, and the whole affair has affected Mr B’s and other family members’ health and wellbeing.

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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)
4. The courts have said we can decide not to investigate a complaint about any action by a council concerning a matter which is outside our jurisdiction. (R (on the application of M) v Commissioner for Local Administration [2006] EHWCC 2847 (Admin))
5. 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

6. I considered information provided by the complainant.
7. I considered the Ombudsman’s Assessment Code.

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My assessment

8. Mr B refers in his complaint to a range of Council actions in its investigation of child protection concerns, preparation of reports for the court, and what happened in court. He explained the consequences or injustice in his complaint flows from the effect on his family of the proceedings and the court’s decision to issue an interim care order.

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Final decision

9. We will not investigate Mr B’s complaint because it is about the Council’s actions in connection with court proceedings, or matters he could reasonably have raised in court, or which are not separable from those matters.

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Investigator's decision on behalf of the Ombudsman