Summary: We cannot investigate this complaint about alleged child protection failings by the Council. The matters complained of are not separable from decisions about who may best care for and have contact with Mr X’s children, which have been subject to court action recently.

The complaint

1. Mr X complained of child protection failings by the Council. He said the Council failed to allocate a social worker for four weeks, despite his children being subject to child protection plans. Her said the Council had failed to recognise signs of parental alienation by his children’s mother and incorrectly made assumptions about him because he is male.

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 if someone has started court action about the matter. (Local Government Act 1974, section 26(6)(c), as amended)
4. 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)
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.
7. I considered the Ombudsman’s Assessment Code.

Back to top

My assessment

8. The correspondence Mr X sent us shows court action concerning his children started in October 2023. Some of the matters he complained to the Council directly concerned what happened in the court. But all of the points of complaint Mr X raised related to the decisions and opinions of social workers as recorded in a report for the court, or to matters of who is best placed to care for and to have contact with the children. I cannot say if the Council has been biased against Mr X, whether because of his gender or otherwise. Nor can I say if it has failed to recognise signs of parental alienation by the children’s mother. That is for the court to decide in determining arrangements for the children’s care.

Back to top

Final decision

9. We cannot investigate Mr X’s complaint because the matters he complains of are not separable from matters that either have been, could have been, or could still be raised in court. We are legally prevented from investigating these matters.

Back to top

Investigator's decision on behalf of the Ombudsman