Summary: We will not investigate this complaint about the Coucnil’s involvement with Mr X’s children. The law prevents us considering matters that have been before the courts.

The complaint

1. Mr X complained about the Council’s failure to safeguard his child and its false allegation about risk Mr X poses. He says these events have caused Mr X to have a mental breakdown and this led to neglect to his child. He says it also caused another family member’s death. Mr X wants the Council to provide explanations.

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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 matters Mr X complains about are intrinsically linked to matters that have been before the courts, via both private and public proceedings. We cannot consider matters that are not separable from those proceedings. This includes the Council’s decision to take legal action, content of the Council’s representations to the courts and the Council’s conduct as part of those proceedings.

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Final decision

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

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Investigator's decision on behalf of the Ombudsman