Summary: We cannot investigate Mr X’s complaint about the alleged bias of the Council in failing to protect his child from harm and accepting allegations made by his ex-partner. There has been court action during which the matters complained either were or could reasonably have been raised. The investigation by us of such matters in prevented by a legal bar that applies permanently from the first contact of any party with the court.

The complaint

1. Mr X said the Council failed to respond properly to concerns he raised about the safeguarding of his child. He said it instead allowed false allegations to be made against him. He said it has continued to neglect its duties to his child despite his attempts to complain.

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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 cannot investigate a complaint if someone has started court action about the matter. (Local Government Act 1974, section 26(6)(c), as amended)
4. 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))

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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

7. It is clear the matters complained relate to who is best placed to care safely for a child, and the opinions formed by the Council about that. It is also clear in Mr X’s own references to a s.37 court report written by the Council in his complaint, and to an imminent court hearing when he contacted us earlier this spring, that there has been an approach to a court regarding matters closely linked to the ones he now complains of. We lose our power to investigate a matter at the first approach to a court by any party. Other matters closely linked to that are also affected in the same way. While the matters Mr X complains of are potentially serious, that does not create any legal power for us to investigate them.

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Final decision

8. We cannot investigate Mr X’s complaint because the matters he complains of are closely linked to matters we are legally prevented from investigating.

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Investigator's decision on behalf of the Ombudsman