Summary: We will not investigate this complaint about the Council’s involvement with Mr X’s children. There are ongoing court proceedings, after which it is open to Mr X to complain to the Council then to the Ombudsman.

The complaint

1. Mr X complained the Council failed to safeguard his children, including failing to act on concerns and withholding information. He says it breached the Equality Act and the Mental Health Act. He says the events have worsened his and his children’s mental health and he has lost his job. He wants the Council to review his family’s case and put in place service improvements.

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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)

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How I considered this complaint

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

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My assessment

6. Mr X complained about how the Council dealt with his children’s case, which he says have put the children at risk and worsened his mental health.
7. The law prevents us from considering matters that are before the courts. This includes the content of any reports written by the Council, its conduct in relation to proceedings and other matters that are inextricably linked.
8. There are ongoing court proceedings, after which it is open to Mr X to complain to the Council then to the Ombudsman. We will then decide whether any elements of Mr X’s complaint are separable to the matters considered by the courts.

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Final decision

9. We will not investigate Mr X’s complaint because the courts are currently involved.

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Investigator's decision on behalf of the Ombudsman