West Northamptonshire Council (24 021 275)
Category : Children's care services > Child protection
Decision : Closed after initial enquiries
Decision date : 28 Apr 2025
The Ombudsman's final decision:
Summary: We will not investigate Mr X’s complaint about the Council’s handling following a safeguarding referral about his child. The law prevents us from investigating anything that is the subject of court proceedings and could reasonably be raised in court.
The complaint
- Mr X complains about the Council’s handling of a safeguarding referral about his child. He believes the Council has unfairly encouraged his contact with his children is restricted. He alleges the Council has ignored his complaints and refused to acknowledge it has prepared misleading reports for the court.
The Ombudsman’s role and powers
- 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)
- 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 in 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.
My assessment
- The Council has explained it cannot investigate and respond to Mr X’s complaints while there are ongoing court proceedings about his children. It has invited Mr X to resubmit his complaint once the proceedings have ended. This is a decision the Council is entitled to make.
- There is nothing more we could add to the Council’s response. The law prevents us from becoming involved in matters that are or have been the subject of court proceedings. It would be for Mr X to raise any concerns about any information or reports the Council has prepared for the court in that forum. We have no power to intervene or make decisions in place of the court. Only the court can decide what is in a child’s best interest and on any matters of dispute.
Final decision
- We will not investigate Mr X’s complaint because the law prevents us from investigating anything that has been or is the subject of court proceedings.
Investigator's decision on behalf of the Ombudsman