Summary: We will not investigate Mr X’s complaint about his dealings with the Council in connection with child protection matters because we cannot achieve the outcome his wants.

The complaint

1. Mr X complains about his dealings with the Council in connection with child protection matters. He alleges the Council acted inappropriately during care proceedings. He wants an independent investigation, disciplinary action taken against those involved, and significant compensation for himself and other family members.

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The Ombudsman’s role and powers

2. 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 we must use public money carefully. We do not start or continue an investigation if we decide we cannot achieve the outcome someone wants. (Local Government Act 1974, section 24A(6), as amended)

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How I considered this complaint

3. I considered information provided by the complainant.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Mr X made detailed and specific complaints to the Council, although he said he reserved the right to add to his complaint. I have carefully considered everything he said, although I have not included every detail here. I have included as few details as possible to protect the anonymity of Mr X and his family.
6. The Council was concerned for the welfare of Mr X’s children. Mr and Mrs X were arrested by the Police. The Council took the children into care. Mr X did not share the Council’s concerns for his children’s welfare. He accused the Council of pursuing a “false narrative”. A court granted an interim care order. Mr and Mrs X, and the children, were legally represented throughout. The children were eventually returned to Mr and Mrs X’s care.
7. Mr X wants an independent investigation and compensation for his family for distress, stigma and damage to their reputation, harassment, malicious prosecution and the denial of their right to a family life. He says his wife also suffered physical harm as a result of health conditions aggravated by the Council’s involvement in their life.
8. The Council responded to those parts of Mr X’s complaint that were not directly concerned with legal proceedings. The Council offered a symbolic financial payment for disruption to his daughter’s education while she was in care.
9. We will not investigate Mr X’s complaint because we cannot achieve the outcome he is looking for. Disciplinary action and compensation are not recommendations we can make if we find fault during our investigations. In any event, we could not investigate those parts of Mr X’s complaint which are linked to court action. The law prevents us investigating complaints about matters that have been, or could have been, dealt with during legal proceedings. There is nothing we could add to the Council’s response to those parts of Mr X’s complaint that do not concern court.

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Final decision

10. We will not investigate Mr X’s complaint because we cannot achieve the outcome his wants.

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Investigator's decision on behalf of the Ombudsman