Summary: We will not investigate this complaint about the Council’s action during, and in the lead up to, child protection proceedings. The law prevents us from investigating matters that are subject to court proceedings. It is reasonable for Mr X to raise all parts of his complaint as part of the care proceedings that remain ongoing.

The complaint

1. Mr X complained about the Council’s actions during, and in the lead up to, child protection proceedings. His concerns included bias, poor communication, and what he considered disproportionate supervision of his family.
2. Mr X said this caused distress, family disruption and financial strain. He wanted the Council to reconsider decisions, end its supervision of the family, pay a financial remedy and make service improvements.

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The Ombudsman’s role and powers

3. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
4. 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)
5. 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

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

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My assessment

8. Mr X complains about the Council’s actions in late 2025, after child protection concerns were raised in relation to his children. The Council began care proceedings and closely supervised the family. Mr X believes the level of supervision has been disproportionate and unnecessary, and is concerned about the Council’s approach to the matter.
9. The law prevents us from investigating matters that have been considered in court. This includes the content of any reports the Council has submitted to court and the representations it has made during that process. The Council’s actions in the lead up to proceedings, and after proceedings began, are relevant to the proceedings themselves. Mr X’s complaints are inextricably linked to the proceedings which remain ongoing, and the proportionality of the Council’s actions is something that can be tested via those proceedings. We have no power to interfere with court proceedings or to change any decisions made by the courts.
10. Any matters Mr X has already raised as part of the proceedings are matters that we have no power in law to investigate. We also will usually not investigate complaints when the matters raised would be reasonable for the complainant to mention in court. It is reasonable for Mr X to raise all concerns he has not yet raised, as part of the ongoing proceedings.
11. The court’s role is not to decide whether there has been fault by the Council. However, the court is the appropriate route via which Mr X should raise concerns about the Council’s actions, insofar as they may impact the outcome.

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Final decision

12. We will not investigate Mr X’s complaint because the law prevents us from investigating what happens in court, and it is reasonable for Mr X to raise all parts of his complaint as part of the ongoing care proceedings.

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Investigator's decision on behalf of the Ombudsman