Summary: We cannot investigate this complaint about the Council’s actions during child protection matters. This is because the matter is being considered by a court and the law does not allow us to investigate such complaints.

The complaint

1. X was unhappy with the Council’s handling of child protection matters, that relate to their son. They said the Council’s preparation for meetings was poor, it did not properly communicate with them and their progress toward renewed contact with their son was ineffective. X says the Councils actions has caused them distress.

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The Ombudsman’s role and powers

2. 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)
3. 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

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

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Final decision

5. We cannot investigate X’s complaint because we cannot investigate matters that have formed or will be part of court proceedings.

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Investigator's decision on behalf of the Ombudsman