Summary: We will not investigate this complaint about the Council’s actions while Mr X’s children were in foster care. Court proceedings are ongoing, and it is reasonable for Mr X to raise the matters he complains about as part of that process.

The complaint

1. Mr X complained about:
• the Council’s failure to have proper oversight of his children's health needs and safety while they were in foster care;
• the social worker’s actions during contact between him and his children; and
• the Council’s failure to reimburse costs of his travel and purchasing items for the children.

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The Ombudsman’s role and powers

2. 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)
3. 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))

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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 law prevents us from considering complaints about court proceedings. We could not investigate any concerns relating to decisions that were made by the courts, or the Council’s actions relating to those proceedings.
7. Mr X’s complaint is about matters that are related to the ongoing proceedings. It is reasonable for him to raise the matters with his solicitor, to be raised as part of the proceedings, because the matters he complains about are relevant to decisions the courts make. For this reason, we will not investigate them.

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Final decision

8. We will not investigate Mr X’s complaint because it is about matters that would be reasonable for him to raise as part of the ongoing court proceedings.

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Investigator's decision on behalf of the Ombudsman