Summary: We will not investigate Mr X’s complaint about the Council’s involved with his child. The arrangements for the child’s care and contact are being considered by the court which prevents us from investigating. It is reasonable to expect Mr X to raise any concerns he has with the court.

The complaint

1. Mr X complains of Council negligence and it not allowing him to exercise his parental responsibility. He believes the Council has helped coerce his child into making false allegations about him leading to her being removed from her care. Mr X wants the Council to admit its wrongdoing and to return his child to his care or place them in foster care instead of with relatives.

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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 when someone could take the matter to court. However, we may decide to investigate if we consider it would be unreasonable to expect the person to go to court. (Local Government Act 1974, section 26(6)(c), as amended)

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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. The Council has responded to Mr X’s complaints under both stages of its complaint process. It has apologised for times when its communication with Mr X about his child could have been better. The Council has also explained to Mr X that the police initially removed his child from his care using its Police Protection Powers under section 46 of the Children Act 1989. The court subsequently confirmed the child should remain in the care of their relatives rather than Mr X.
8. We will not investigate because the issues Mr X raises about the care and contact arrangements for his child are the subject of ongoing court proceedings. The law prevents us from investigating anything that has or is being considered by the court. This includes any involvement of the Council in those proceedings. Mr X is party to the court proceedings and the Council has told us he has legal representation. Therefore it would be reasonable to expect Mr X to raise any concerns he has about the Council or the arrangements for his child with the court directly or via his legal representative(s). We have no power to intervene or make decisions in place of the court.

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Final decision

9. We will not investigate Mr X’s complaint because it would be reasonable to expect him to raise any issues or concerns he has with the court.

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Investigator's decision on behalf of the Ombudsman