Summary: We will not investigate Mr X’s this complaint about the Council’s assessment of his child’s foster carer. The law prevents us from investigating anything that is the subject of court proceedings. We also cannot achieve the outcome Mr X wants.

The complaint

1. Mr X complains about the Council’s assessment of his child’s foster carer. He says the foster carer has provided false information to the Council and the court. He wants the foster carer to removed and for his child to be returned to his care.

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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 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 in 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 had an adverse impact 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 or continue an investigation if we decide we cannot achieve the outcome someone wants. (Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

5. I considered information provided by the complainant.

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Final decision

We will not investigate Mr X’s complaint because the issues about his child are the subject of ongoing court proceedings. The law prevents us from investigating what happens in court. This includes the content of any information or reports the Council produces for the court and its related action. Mr X should raise any concerns he has about the foster carer with the court directly or through his legal representative(s). We have no power to intervene or make decisions in place of the court. Only the court can decide what is in the child’s best interests and any matters of dispute. We also cannot achieve the outcomes Mr X wants.

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Investigator's decision on behalf of the Ombudsman