Summary: We cannot investigate Mr X’s complaint about children services’ actions which have been and will be raised in Court proceedings. The Information Commissioner’s Office is better placed to consider his data protection complaint.

The complaint

1. Mr X complains about the Council’s children services’ actions in relation to his family.

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The Ombudsman’s role and powers

2. 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)
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 which includes the Council’s final reply to him.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Mr X says the Council’s children services team from the summer of 2024 onwards failed to deal properly with safeguarding issues in relation to his family. He says the Council failed to properly reply to his complaint. He says the Council mismanaged the assessment of his family’s needs. He says he feels bullied and he and his child feel emotional distress and trauma.
7. There are current Court proceedings between Mr X and his ex partner over the child’s care. Mr X has confirmed he has told the Court of his concerns over the Council’s actions. The Court has ordered a s37 report. This report will require the Council to consider if the child is at risk of significant harm and if a Court order is needed to protect them. Mr X wants his costs paid, therapy for him and his child, a full investigation and correct information given to the Court.
8. Mr X says he has made data protection requests which he says the Council has not complied with. He says he has complained to the Information Commissioner’s Office (ICO).
9. Mr X complained to the Council. It considered his complaint in all three stages of its Children Act statutory complaints’ procedure. Mr X is not happy with the outcome. He says it does not adequately cover his complaint

Analysis

10. We cannot investigate issues which a Court is considering. It is clear here this includes the child’s safeguarding and their needs going forward.
11. It is reasonable to expect Mr X to tell the Court of any Council action which has affected the child’s circumstances.
12. We will not consider Mr X’s complaint about data protection issues as he has asked the ICO to do so and they are better placed to consider data protection complaints.

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Final decision

13. We will not investigate Mr X’s complaint because we cannot investigate issues and events which have been or could be raised in court proceedings. The ICO is better placed to consider a data protection complaint.

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Investigator's decision on behalf of the Ombudsman