Summary: We cannot investigate this complaint about the way the Council handled a child protection matter involving Mr X, or make recommendations, even though the Council has accepted fault in some matters. This is because the matters alleged are closely connected to matters that were subject to court action, and we are legally prevented from investigating them.

The complaint

1. Mer X said the Council handled his case badly. He said he had given a social worker supporting information about why his child had made an allegation about him at school, and that the police had taken the matter no further. He said that despite this, a report by the social worker was the main factor in court that caused the judge to rule against him.

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 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))
4. The Courts have said that we cannot investigate a complaint about any action by a council, concerning a matter which is itself out of our jurisdiction. (R (on the application of M) v Commissioner for Local Administration [2006] EHWCC 2847 (Admin))

Back to top

How I considered this complaint

5. I considered information provided by the complainant and the Council.
6. I considered the Ombudsman’s Assessment Code.

Back to top

My assessment

7. I note that then complaint correspondence I have seen shows the Council has accepted fault in some matters and offered a remedy to Mr X, with which he is dissatisfied. However, that does not permit us to investigate a matter we are legally prevented from investigating.
8. The key matter in Mr X’s complaint is the action of a social worker in a matter concerning child protection. Mr X has stated that, despite police deciding to take no further action, a social worker’s report was the main factor in a judge’s decision. He has also referred to the consequences of that decision. Some of those consequences relate directly to matters of Mr X’s contact with his children, which are also matters only a court can decide. And he has also referred to further court action. I am satisfied that the matters Mr X complains of are not separable from matters that either were or could reasonably have been raised during court action. We cannot investigate them or make any recommendations here.

Back to top

Final decision

9. We cannot investigate Mr X’s complaint because the matters he complains of are closely linked to matters subject to court action, and we are legally prevented from investigating them.

Back to top

Investigator's decision on behalf of the Ombudsman