Summary: We cannot investigate Mr X’s complaint about the Council’s handling of child protection matters. The issues raised relate to court proceedings. The law says we cannot investigate complaints about court action or what happened in court.

The complaint

1. Mr X complains about the Council’s unfair treatment of him after his wife died in 2023. Mr X believes he cooperated fully with the Council and the police. The police found no evidence and ended his bail conditions with no further action, yet he remains separated from his daughter. He has not received the agreed updates on her wellbeing from the Council. He also reports intrusive, inappropriate, and discriminatory behaviour from his social worker. The Council has repeatedly refused his requests for supervised contact.

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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 about the start of court action or what happened in court. (Local Government Act 1974, Schedule 5/5A, paragraph 1/3, as amended)
4. 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

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 did not consider Mr X’s complaint due to court proceedings. The Council has confirmed to us care proceedings are ongoing and that Mr X is a party to the proceedings. The matters complained of, including contact arrangements, are subject to court consideration and court orders.
8. We cannot investigate Mr X’s complaint. This is because the matters Mr X raises form part of ongoing care proceedings, and therefore we do not have power to investigate. The law prevents us from investigating the start of court action and anything that has formed part of court proceedings, including the preparation and contents of reports presented to the courts by the Council, and issues about social worker which are also related to the court action. Any concerns Mr X has about the Council, or the court proceedings should be raised with the court directly or through legal representative(s).

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Final decision

9. We cannot investigate Mr X’s complaint because the issues raised relate to court proceedings which are outside the Ombudsman remit.

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Investigator's decision on behalf of the Ombudsman