Summary: We will not investigate this complaint about care proceedings and the Council’s related actions. We already decided in 2022 we could not investigate Mr X’s complaint about the Council’s decision to commence care proceedings. Mr X has begun court action in relation to the remaining elements of his complaint.

The complaint

1. Mr X complained the Council lied during care proceedings and denied him the opportunity to defend himself. He said it committed fraud and malfeasance, and violated his human rights.
2. Mr X also complained the Council did not involve him in looked after child meetings, failed to facilitate contact between him and his child and refused to discuss the matter with him.
3. Mr X said this resulted in his child being illegally placed in care, which he considered false imprisonment. He said this had impacted his relationship with his child and has caused significant distress for the family.
4. Mr X wanted the Council to discharge the care order and return his child to his care. He also wanted it to facilitate proper diagnosis of his child.

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The Ombudsman’s role and powers

5. 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)
6. The courts have said we can decide not to investigate a complaint about any action by an organisation concerning a matter which the law says we cannot investigate. (R (on the application of M) v Commissioner for Local Administration [2006] EHWCC 2847 (Admin))
7. 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

8. I considered information provided by the complainant and the Council.
9. I considered the Ombudsman’s Assessment Code.

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My assessment

10. We issued a decision in October 2022 explaining we could not investigate Mr X’s complaint about the contact and care arrangements for his child, due to the matter being subject to court proceedings. This remains the case.
11. Mr X has raised other complaints, relating to more recent events. Some of these events appear to have taken place while care proceedings were still ongoing. Where this is the case, it would have been reasonable for Mr X to raise his concerns as part of the proceedings.
12. Mr X has, in any event, applied to the court to commence proceedings in March 2025 in relation to some of the concerns he raised in his complaint to us. His court application includes his concern the Council has failed to facilitate contact between him and his child. We have no power to investigate those matters.
13. It is reasonable for Mr X to raise all other elements of complaint as part of the related proceedings he has now commenced. We will not investigate the matters instead of, or in addition to, the courts.

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Final decision

14. We will not investigate Mr X’s complaint because it relates to matters that have been subject to court proceedings, and other matters that are reasonable for Mr X to include as part of the proceedings he has more recently commenced.

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Investigator's decision on behalf of the Ombudsman