Summary: We will not investigate this complaint about the Council’s involvement in Mr X’s child’s case. The matter is being considered by the courts, and we are therefore prevented in law from investigating it.

The complaint

1. Mr X complained the Council wrongly placed his child on a child protection plan without any evidence, relying on false information contradicting that from the police. He said the matter caused distress, inconvenience and a financial detriment to him, his ex-partner and his child. He wanted the Council to place a hold on child protection meetings until clarification was obtained from other sources, including the court.

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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. Mr X’s complaint is about the Council’s decision to place his child on a child protection plan, despite his view his child is not at risk of harm. The courts were involved in making an order to protect the child.
7. The law prevents us considering what happened in court, which includes the substance of the Council’s representations to court and matters the court considered when deciding to issue an order. We could not consider the Council’s actions that led to an order being made because they are not separable.
8. Furthermore, Mr X says the family courts are investigating procedural irregularities in how the courts made the order. The Council’s actions that Mr X complains to us about are not separable from this, and it is reasonable for Mr X to raise all his concerns as part of the ongoing court proceedings.

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Final decision

9. We will not investigate Mr X’s complaint because it is about matters that have been, and are currently being, considered in court.

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Investigator's decision on behalf of the Ombudsman