Medway Council (24 011 361)
Category : Children's care services > Child protection
Decision : Closed after initial enquiries
Decision date : 02 Jan 2025
The Ombudsman's final decision:
Summary: We will not investigate Mr X’s complaint about how he was treated by social services. The matters he complains of are closely linked to the disputed care of his child, which is a matter that can only be resolved by a court. It would therefore be reasonable for Mr X to use his right to go to court.
The complaint
- Mr X complained of the way he was treated by social services after events in his family.
The Ombudsman’s role and powers
- The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
- The law says we cannot normally investigate a complaint when someone could take the matter to court. However, we may decide to investigate if we consider it would be unreasonable to expect the person to go to court. (Local Government Act 1974, section 26(6)(c), as amended)
- 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))
How I considered this complaint
- I considered information provided by the complainant.
- I considered the Ombudsman’s Assessment Code.
My assessment
- The matters Mr X complains of concern the conduct of social workers in dealing with his family after events that led to the end of a relationship. A key issue is the disputed care of a child, which can only be resolved by a court. Any issue of alleged favouritism by the Council towards one party is closely linked to eventual decisions about the care of the child. These decisions can only be made by a court, and Mr X has indicated his intention to go to court. It would be reasonable for him to raise these matters in court.
Final decision
- We will not investigate Mr X’s complaint because the matters he complains of are closely linked to matters about which he has a right to go to court it would be reasonable to use.
Investigator's decision on behalf of the Ombudsman