Summary: We cannot investigate this complaint about the Council’s children’s services involvement with Mr X’s family. This is because the law prevents us from investigating anything that is or has been subject to court proceedings.

The complaint

1. Mr X complained the Council’s children’s services did not carry out sufficient fact finding before presenting its report to court. Mr X also said it filed documents to court late.
2. Mr X said the matters caused him distress.

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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)

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How I considered this complaint

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

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Final decision

7. We cannot investigate Mr X’s complaint because the law prevents us from investigating matters that are or have been subject to court proceedings. Mr X’s concerns could have been raised during closely related proceedings.

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Investigator's decision on behalf of the Ombudsman