Summary: We will not investigate Mr X’s complaint about children services actions. We cannot investigate issues which a Court decided. And we are unlikely to achieve a significantly different remedy from that offered at stage three of the Council’s complaint process.

The complaint

1. The complainant, whom I shall call Mr X, says the Council’s Children Act complaints’ reply has not answered his complaint.

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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))
4. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has adversely effected on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We do not start an investigation if we decide the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)

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How I considered this complaint

5. I considered information provided by Mr X and the Council.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. Mr X complained to the Council about children services’ actions. His child, Y, had been the subject of a child protection investigation. This led to court action. The Courts decided in March 2021 to make a full Care Order. This means the Council became responsible to look after Y.
8. The Council replied to Mr X’s complaint within its Children Act complaints’ procedure. This ended in December 2023. We previously decided Mr X’s complaints about delays in the complaints’ procedure. This decision cannot therefore cover those delays.
9. Mr X says the Council has not properly replied to his complaints.

Mr X’s complaints and our analysis

Mr X says the Council: has refused to clearly explain why it took Y into care; why it applied for a Care Order; and why it will not work towards Y’s return to Mr X’s care. He says the Council has refused to accept it is unable to deal with Y’s issues.

10. The Court decided Y should not live with Mr X and the Council should care for Y. We cannot investigate the Court’s decision. It is reasonable to expect Mr X to have asked during the Court proceedings why Y was in care. We cannot overturn the Court's decision the Council should care for Y.

Mr X says the Council appears to have deliberately alienated Y against their parental family. He says the Council has not promoted and encouraged a meaningful relationship between Mr X and Y.

11. The Council’s reply to Mr X’s complaint covered both these issues. The Council has agreed to work towards trying to increase contact between Mr X and Y. The statutory children’s complaints’ procedure provides access for children, young people and those involved in their welfare to an independent and thorough response to their concerns. Because of this, if a council has investigated something under the statutory children’s complaint process, the Ombudsman would not normally re-investigate it. Also, it is unlikely we could achieve more than the Council’s offered plan.

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Final decision

12. We will not investigate Mr X’s complaint because we cannot investigate issues part of Court proceedings. And we are unlikely to achieve any further meaningful remedy.

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Investigator's decision on behalf of the Ombudsman