Summary: We cannot investigate Mr X’s complaint about the Council’s children’s services involvement with his family because the law prevents us from considering complaints about matters that have been considered in court proceedings.

The complaint

1. Mr X complained the Council failed to safeguard his child after an allegation was made and that the Council’s reports were prejudiced.

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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 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

4. I considered information provided by Mr X and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. In April 2023, Mr X complained to the Council about an allegation made in 2022. He said the Council failed to protect his child and disagreed with assessments and the final care plan, which he believes is biased against him. The Council said it could not respond because of ongoing legal proceedings.
7. Mr X sent the complaint again in March 2025. The Council said it reviewed it but still could not respond, as the court had considered the matter.
8. I will not investigate Mr X’s complaint because the issues he has raised have formed part of court proceedings. We cannot investigate the contents of reports or how they were compiled, when they have been considered as part of court proceedings. I note that during court proceedings Mr X raised the issues in his complaint. We have no discretion to consider the issues raised by Mr X.

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Final decision

9. We will not investigate Mr X’s complaint because the law prevents us from considering complaints about matters discussed or decided in court.

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Investigator's decision on behalf of the Ombudsman