Summary: We will not investigate this complaint about the Council’s assessment of Mr X’s children. The matter has been considered in court, so we have no power to investigate it as well. It is open to Mr X to refer the matter back to the courts for compensation.

The complaint

1. Mr X complained about the Council’s Child and Family (CAF) assessments and Section 7 court report. He said the Council did not properly assess the risks to his children, and said its reports therefore contained errors and were biased. He said the Council’s actions led to unnecessary court proceedings, with associated time and financial implications for him. He wanted the Council to amend its CAF assessment for accuracy and pay him more compensation than it had offered.

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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)

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How I considered this complaint

3. I considered information provided by the complainant.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Mr X’s complaint is about the content of the Council’s CAF assessments and its Section 7 report. We have no power to consider the content of reports written for court proceedings, so we cannot investigate the Council’s Section 7 report. Mr X says the court also considered his concerns about the content of the Council’s earlier CAF assessments. This means we also have no power to investigate those assessments.
6. Mr X presented all his concerns as part of the private proceedings against his children’s other parent. This meant the courts could take his concerns into account when considering what weight to give to both parties’ representations and deciding what would be in the children’s best interests. Mr X says the outcome of proceedings was therefore in his favour.
7. The Council accepted the quality of a report was not to the required standard and it therefore offered to pay Mr X’s costs associated with one of the hearings. Mr X says, however, the proceedings would not have taken place were it not for earlier fault by the Council. Given that we cannot investigate the matter, we cannot provide the outcome Mr X seeks, of further compensation. It is open to Mr X to refer the matter to the courts as the appropriate route to seek further compensation.

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Final decision

8. We will not investigate Mr X’s complaint because his concerns were considered as part of court proceedings, and we have no power to also consider the matter.

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Investigator's decision on behalf of the Ombudsman