Summary: We will not investigate Mr X’s complaint about the Council’s handling of a safeguarding referral about his family. The law prevents us from investigating anything that is or has been the subject of court proceedings. We are also unlikely to find evidence of fault in the Council’s action following Mr X’s arrest.

The complaint

1. Mr X complains about the Council’s handling following an allegation of harm by him to his stepchild. Mr X says the Council has tried to get him and his partner arrested since then. He is unhappy he has been separated from his child as a result.

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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:

• there is not enough evidence of fault to justify investigating, or
• we cannot achieve the outcome someone wants. (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 investigate complaints about councils and certain other bodies. We cannot investigate the actions of bodies such as the police. (Local Government Act 1974, sections 25 and 34(1), as amended)

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How I considered this complaint

5. I considered information provided by the complainant and the Council.

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My assessment

6. Mr X was arrested following an allegation of harm. The police imposed bail conditions which prevented Mr X from having unsupervised contact with children.
7. The Council has said it will not investigate and respond to Mr X’s complaint about its handling. It has explained it cannot consider Mr X’s complaint while matters are the subject of ongoing court proceedings.
8. We have no jurisdiction to investigate the police action that led to Mr X’s arrest or bail conditions. The Council has a legal duty to ensure it safeguards children in its area from harm. This will include taking steps to make sure Mr X complies with bail conditions and children in his household are safeguarded. We are unlikely find fault with the Council’s actions in this respect.
9. 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 or his partner 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 children’s best interest and on any matters of dispute.

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Final decision

10. We will not investigate Mr X’s complaint because the law prevents us from investigating anything that is or has been to court. We are also unlikely to find evidence of fault in the Council’s action to safeguard children in Mr X’s household following his arrest.

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Investigator's decision on behalf of the Ombudsman