Summary: We will not investigate this complaint about the Council’s involvement relating to children in Mr X’s family. The matters are all inextricably linked to court proceedings.

The complaint

1. Mr X complained about the Council’s actions relating to children in his family. He says the Council failed to properly investigate the circumstances, resulting in it submitting a biased assessment to the courts. Mr X says the children are at risk in their current home, and the family have suffered significant distress. He wants a thorough investigation and for the Council to make service improvements.

Back to top

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 an organisation concerning a matter which the law says we cannot investigate. (R (on the application of M) v Commissioner for Local Administration [2006] EHWCC 2847 (Admin))
5. We have the power to start or end an investigation into a complaint about actions the law allows us to investigate. We may decide not to start or continue with an investigation if we think the issues could reasonably be, or have been mentioned as part of the legal proceedings regarding a closely related matter. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended, section 34(B))

Back to top

How I considered this complaint

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

Back to top

My assessment

8. The law prevents the Ombudsman from investigating what happened in court. This includes the Council’s officers’ actions as part of court proceedings and any reports they have submitted for the courts to consider.
9. Mr X’s complaint relates to matters including the social worker’s refusal to consider information from his family. He says they have instead relied solely on information provided by the child’s other parent. He says the children are at risk living with their other parent.
10. These matters are inextricably linked to the court process, because the consequence of the issues Mr X raises are any recommendations the Council has made to court in relation to the child’s welfare.
11. We can decide not to investigate matters that should be raised as part of the court process. Mr X is not party to proceedings, because he is not the relevant child’s parent. Therefore, he may not be able to raise the matters in court himself. However, the child’s parent may raise these matters in court and we will not investigate them.

Back to top

Final decision

12. We will not investigate Mr X’s complaint because it is about matters that are inextricably linked to court proceedings.

Back to top

Investigator's decision on behalf of the Ombudsman