Summary: We will not investigate Mr X’s complaint the Council ignored his safeguarding concerns for his child. The matter is closely related to current court proceedings about the child’s safety and care arrangements. The existence of this court action creates a permanent and absolute legal bar that prevents us from investigating this matter further.

The complaint

1. Mr X complains the Council has ignored his safeguarding concerns about his child. He says previous court proceedings have found his child has suffered harm while in their other parent’s care. He wants the Council to take his concerns about his child seriously and to help him re-establish contact. Mr X also believes the Council should place his child on a Child Protection plan rather than Child in Need plan.

Back to top

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 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))
5. We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’. I have used the word fault to refer to these. We consider whether there was fault in the way an organisation made its decision. If there was no fault in how the organisation made its decision, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended)

Back to top

How I considered this complaint

6. I considered information provided by the complainant and the Council.
7. I considered the Ombudsman’s Assessment Code.

Back to top

My assessment

8. The Council has explained to Mr X and his Member of Parliament (MP) the action it has taken in response to earlier court findings about the welfare of his child. The Council has confirmed to Mr X and his MP that his child’s status as a Child in Need remains under review and can be escalated to Child Protection if needed.
9. The Council has declined to investigate Mr X’s concerns under the statutory procedure for children social care complaints because of ongoing private law proceedings. Mr X has initiated proceedings to gain full custody of his child. The courts have previously asked the Council to produce a report under section 37 of the Children Act 1989 to assess the child’s welfare and whether the Council needs to act to protect them from harm. The Council is entitled to decline to investigate Mr X’s complaints in these circumstances.
10. The law prevents us from becoming involved in matters that are or have been the subject of court proceedings. The issues raised are intrinsically linked to matters are being considered by the courts so we will not investigate. Any contact arrangements and Council reports for the court are part of legal proceedings so we do not have the power to investigate these matters.
11. If Mr X wishes to seek changes to the existing arrangements for his child’s residence or contact arrangements, he would need to raise these issues in court. 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. It is reasonable for Mr X to raise these issues either directly with the court or through his legal representative(s).

Back to top

Final decision

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

Back to top

Investigator's decision on behalf of the Ombudsman