Summary: We cannot investigate this complaint about how the Council exercised its child protection duties. This is because it is about the start of a criminal investigation and the law prevents us from investigating these matters.

We will not investigate part of this complaint as we could not add anything significant to the investigation carried out by the Council and we cannot achieve the outcome the complainant wants.

The complaint

1. Mr X complains about the Council’s handling of child protection duties for his child. He says the Council mishandled allegations of abuse. Mr X says this caused him mental health issues and resulted in him having less contact with his child.

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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 cannot investigate a complaint if it is about action taken by or on behalf of any local policing body in connection with the investigation or prevention of crime. (Local Government Act 1974, Schedule 5, Section 26, paragraph 2 as amended)
4. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We do not start or continue an investigation if we decide:

• further investigation would not lead to a different outcome, or
• we cannot achieve the outcome someone wants, or
• there is another body better placed to consider this complaint.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

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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’s child visited their GP in 2023. Following this visit, the GP made a safeguarding referral to the Council. The Council passed this on to the police which resulted in a criminal investigation.
8. Mr X’s complaint is about matters that occurred in 2023 that led to a police investigation and an arrest. The law prevents us from investigating action taken by the police in connection with a criminal investigation and that is the case here.
9. Mr X complains about a Council officer’s conduct at a child protection conference in 2023 and a contact session in 2024. The Ombudsman cannot investigate whether social workers are meeting their professional standards of conduct. Complaints of this nature should be referred to the social workers’ professional body, Social Work England.
10. Mr X complains historic reports contain inaccuracies. The Council, in its response, asked Mr X to specify the inaccuracies. It also says says Mr X can add notes to the files to be read alongside reports. If Mr X remains dissatisfied with the Council’s response, he should refer these matters to the Information Commissioner's Office (ICO) as it is better placed to deal with this.
11. Mr X says he only recently became aware of the circumstances leading up to the criminal investigation. The Council has responded to Mr X’s complaint and acknowledged Mr X’s more recent safeguarding concerns.
12. While I understand Mr X’s distress, an investigation by the Ombudsman, on the matters we are not barred from investigating, and investigation would not achieve the outcome he wants. Nor could we add anything significant to the Council’s investigation. We therefore will not investigate these matters.

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Final decision

13. We cannot investigate Mr X’s complaint because it is about a criminal investigation and the law prevents us from investigating these matters. We will not investigate part of the complaint as an investigation would not add anything significant to the Council’s investigation and we cannot achieve the outcome Mr X wants. Other bodies are better placed to investigate part of the complaint.

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Investigator's decision on behalf of the Ombudsman