Summary: We will not investigate this complaint about the Council’s involvement in the complainant’s child’s case. The matters are too closely connected to ongoing court proceedings.

The complaint

1. The complainant (X) told us the Council:
• failed to protect their child;
• was biased in its reports to the court; and
• dismissed their complaint.
2. X said this resulted in the court deciding their child should live with their other parent, which violated their human rights. X said this caused them and their child significant distress.
3. X wanted the Council to properly investigate its biased conduct, change its reports to court in line with X’s concerns, provide staff training, acknowledge fault and apologise.

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The Ombudsman’s role and powers

4. 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

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

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My assessment

The Council’s court reports

7. X’s complaint is partly about the Council’s reports to court.
8. We issued an earlier decision. This decision explained we have no legal power to investigate councils’ court reports.
9. We cannot investigate the further reports the Council has sent to court.

The Council’s actions and conduct outside court

10. X’s complaint is also about social workers’ actions outside of the courtroom.
11. We also cannot investigate these complaints. All matters X raises are too closely related to the issues that are being considered in court. The consequence of all X’s concerns is alleged bias in the Council’s assessment, and the resulting views it expressed to the court.
12. The court proceedings are ongoing. X can raise all concerns as part of that process. We cannot decide what is in X’s child’s best interests. Only the court can make this decision.

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Final decision

13. We will not investigate X’s complaint because it is about matters that are being considered in court.

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Investigator's decision on behalf of the Ombudsman