Summary: We will not investigate Mr X’s complaint the Council has failed to support his family. The law prevents us from investigating anything that is or has been the subject of court proceedings. It would be reasonable for Mr X to raise any concerns he has about the Council’s handling in court.

The complaint

1. Mr X complains the Council has failed to provide support to his family. He believes the Council has failed to take proper account of key information which has caused significant distress and damage to him and the rest of his family. He wants oversight of the Council’s handling to ensure it complies with procedures going forward.

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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))
4. The law says we cannot normally investigate a complaint unless we are satisfied the organisation knows about the complaint and has had an opportunity to investigate and reply. However, we may decide to investigate if we consider it would be unreasonable to notify the organisation of the complaint and give it an opportunity to investigate and reply. (Local Government Act 1974, section 26(5), section 34(B)6)

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How I considered this complaint

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

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My assessment

7. Mr X first approached us with his concerns about the Council in July 2025. We invited the Council to consider Mr X’s complaints because we noted it had not had the opportunity to do this before Mr X approached us. The Council contacted Mr X and asked him to provide further information about his concerns, so it could investigate and respond. The Council has since told us it did not receive any further information from Mr X to progress its investigation into his complaints.
8. Since then, the Council has started legal proceedings in relation to Mr X’s children. Mr X is aware and party to those proceedings. The law prevents us from becoming involved in matters that are or have been the subject of court proceedings. It would reasonable for Mr X to raise any concerns about the Council’s handling or any information it 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 a child’s best interest and on any matters of dispute.

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Final decision

9. We will not investigate Mr X’s complaint because it would be reasonable for him to raise his concerns about the Council in court.

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Investigator's decision on behalf of the Ombudsman