Summary: We will not investigate this complaint from Mr X about a lack of call recordings held by social services. This issue could have been reasonably raised in court.

The complaint

1. Mr X complains about his experience with social services during court proceedings. He says the Council did not provide him with details of calls he made to children’s services prior to the proceedings, and this impacted the outcome.

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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 the complainant and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Mr X says that he wasn’t provided with details of calls he made to children’s services prior to court proceedings and this impacted the outcome.
7. The Council says the issues are from 2021 and late and that Mr X could have raised them in court.
8. I will not investigate this complaint because this issue could have been reasonably raised in court.

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Final decision

9. We will not investigate Mr X’s complaint because his issue could have been reasonably raised in court.

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Investigator's decision on behalf of the Ombudsman