Isle of Wight Council (24 021 852)

Category : Children's care services > Child protection

Decision : Closed after initial enquiries

Decision date : 29 May 2025

The Ombudsman's final decision:

Summary: We will not investigate Mr and Mrs X’s complaint about the Council’s involvement with their child. The law prevents us from investigating anything that is or has been the subject of court proceedings.

The complaint

  1. Mr and Mrs X complain about the Council’s handling of child protection issues relating to their child. They allege the allocated Social Worker has been biased and discriminatory. They are also unhappy the Council has halted consideration of their complaints due to ongoing court proceedings. They want an independent review of the Council’s handling.

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The Ombudsman’s role and powers

  1. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
  2. 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))
  3. When we find fault, we can recommend remedies for significant personal injustice, or to prevent future injustice, caused by that fault. We look at organisational fault, not individual professional competence. Decisions about individual’s fitness to practise or work are for the organisations concerned, and for professional regulators, not the Ombudsman. (Local Government Act 1974, s26(1) and s26A(1) as amended)

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How I considered this complaint

  1. I considered information provided by the complainants and the Council.
  2. I considered the Ombudsman’s Assessment Code.

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My assessment

  1. The Council responded to two complaints from Mr and Mrs X about its handling of child protection matters involving their child. The Council has since explained it cannot continue investigation and response to Mr and Mrs X’s escalated complaints because it has initiated legal proceedings. It has advised the complainants it may be able to consider their complaints once court proceedings have ended, but could not guarantee this if the concerns raised relate to matters that have been considered by the court.
  2. The law prevents us from becoming involved in matters that are or have been the subject of court proceedings. It would be for Mr and Mrs X to raise any concerns about any information or reports the Council has prepared for the court in that forum, either directly or through their legal representative(s). 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.

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Final decision

  1. We will not investigate Mr and Mrs X’s complaint because the law prevents us from investigating anything that is or has been the subject of court proceedings.

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Investigator's decision on behalf of the Ombudsman

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