Summary: We cannot investigate Mr X’s complaint about the Council’s assessment of his risk and about a lack of contact with his children. The law prevents us from investigating matters that are subject to court proceedings.

The complaint

1. Mr X complains the Council wrongly assessed his risk and failed to keep him in contact with the children. He also says the Council’s communication was poor.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We do not start or continue an investigation if we decide any injustice is not significant enough to justify our involvement. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
3. 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)
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 Mr X and the Council.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. Mr X complained to the Council about its assessment of him. He felt the outcome was unfair and that it ignored his views. He also raised concerns about poor communication.
8. The Court is currently considering the contact arrangements for Mr X’s children and has asked the Council to complete a Section 7 report, which will include the Council’s assessment of risk which forms much of Mr X’s complaint. The law prevents us from investigating what happens in court and mr X could challenge the Council’s assessment during court proceedings. Only the court can order the Council to re-assess its evidence or make changes to the children’s contact arrangements.
9. I will not consider Mr X’s complaint about poor communication, as this alone has not caused a significant enough injustice to Mr X.

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Final decision

10. We cannot investigate Mr X’s complaint. The law prevents us from investigating matters that are subject to court proceedings.

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Investigator's decision on behalf of the Ombudsman