Wirral Metropolitan Borough Council (21 001 953)

Category : Children's care services > Friends and family carers

Decision : Closed after initial enquiries

Decision date : 09 Jul 2021

The Ombudsman's final decision:

Summary: We cannot investigate this complaint about the Council’s children’s services involvement with the complainants family. The court is currently considering the care of the child concerned and we cannot investigate matters subject to legal proceedings.

The complaint

  1. The complainant, who I will call Mr C, complains about the Council’s children’s services involvement in his family, which led to a child being removed from this care. Mr C wants the child returned to his care.

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The Ombudsman’s role and powers

  1. We can decide whether to start or discontinue an investigation into a complaint within our jurisdiction. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended)
  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. The Courts have said that we cannot investigate a complaint about any action by a council, concerning a matter which is itself out of our jurisdiction. (R (on the application of M) v Commissioner for Local Administration [2006] EHWCC 2847 (Admin))

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How I considered this complaint

  1. I considered Mr C’s complaint and the Council’s responses. I sent Mr C a draft version of this decision and invited his comments.

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What I found

Background

  1. The Children Act 1989 places a legal duty on councils to make enquiries where a child is considered to be suffering or likely to suffer significant harm. The enquiries must establish the child’s situation and to determine whether protective action is required (Section 47 of the Children Act 1989).
  2. Mr C was a registered connected carer for a child, who I will call A.

What happened

  1. Following allegations of abuse against A, which Mr C disputes, the Council started a Section 47 investigation. A strategy meeting was held, and a multi-agency decision was made that A should be removed from Mr C’s care. He now lives with foster carers.
  2. Mr C says A should not have been removed from his care. He says the decision was made without considering his side of the story and without properly looking at the allegations. Mr C says A has been placed with the wrong carers and should be returned to his care.
  3. After he complained to the Council, A’s mother made an emergency application to the court to discharge the child’s care order because she wanted A returned to her care.

Assessment

  1. We cannot investigate this complaint because it is subject to ongoing court proceedings.
  2. There is a family court case which is considering the arrangements for A. We cannot consider evidence given in a court and cannot investigate matters which are subject to court proceedings.
  3. It is not appropriate for us to consider a complaint about issues which are connected to but separable from the legal proceedings while those proceedings continue.

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Final decision

  1. I cannot investigate this complaint. This is because the matters are subject to legal proceedings.

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Investigator's decision on behalf of the Ombudsman

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