Summary: We will not investigate this complaint about the Council’s failure to respond to a children services complaint because it could reasonably be or has been mentioned as part of legal proceedings on a closely related matter.

The complaint

1. Mr X complains the Council has failed to respond to his July 2023 complaint about children’s services.

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The Ombudsman’s role and powers

2. 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

3. I considered information provided by Mr X and the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. On 27 July 2023 Mr X complained to the Council it had failed to carry out a section 17 Child in Need assessment and failed to act to prevent homelessness despite having information at the time that the state of his property was affecting his children’s health and he was at risk of eviction. He says the Council has never responded to this complaint.
6. I will not investigate because this could reasonably be or has been raised as part of legal proceedings on a closely related matter. I say this because:
• Mr X applied to the Administrative Court seeking Judicial Review of the Council on related matters. Of relevance, in a Court Order dated 25 July 2023, the Court noted Mr X had been requesting a s17 assessment and accomodation for some time, including recently in June 2023. Rather than create further satellite litigation it said the Council should consider carrying out a s17 assessment as part of its stage 2 investigation which was due to complete by 25 August 2023. It gave permission for Judicial Review on this ground.
• Mr X applied to the Court of Appeal to appeal the above mentioned Court Order. Within his submissions to the Court of Appeal he said the Council had not completed the stage 2 investigation by 25 August 2023.
7. Although the 25 July 2023 Court Order predated Mr X’s 27 July 2023 complaint, it concerned closely related matters. I consider Mr X’s substantive complaint and his complaint about the Council’s lack of response could reasonably be or, have been mentioned as part of legal proceedings, with reference to the Judicial Review and/or application to the Court of Appeal.

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Final decision

8. We will not investigate Mr X’s complaint because it could reasonably be or has been mentioned as part of the legal proceedings regarding a closely related matter.

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Investigator's decision on behalf of the Ombudsman