Summary: We cannot investigate this complaint about the Council’s child protection actions. This is because the matters have been the subject of family court proceedings. We will not investigate Mr X’s complaints that the Council withheld information from him and made false accusations. These issues are better dealt with by the Information Commissioner’s Office.

The complaint

1. Mr X complains the Council:
• unlawfully and forcibly removed his children from their family home;
• excluded him from important decisions; and
• made false accusations against him.
2. He says this has had a serious impact on his emotional, physical and mental health.
3. The outcomes he wants include an apology, compensation, full access to withheld information, contact with his children and service improvements.

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The Ombudsman’s role and powers

4. 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)
5. 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

6. I considered information provided by the complainant.
7. I considered the Ombudsman’s Assessment Code.

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My assessment

8. We cannot investigate this complaint. This is because the Council initiated court proceedings for a care order. Therefore, these matters and any that could be reasonably raised in court are out of our jurisdiction.
9. Mr X wants certain information about him rectifying or removing from documents relating to his children’s removal. The Information Commissioner’s Office is better placed to consider these matters.

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Final decision

10. We cannot investigate this complaint. This is because the Council initiated court proceedings for a care order. Therefore, these matters and any that could be reasonably raised in court are out of our jurisdiction.

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Investigator's decision on behalf of the Ombudsman