North Lincolnshire Council (18 004 378)
Category : Children's care services > Other
Decision : Closed after initial enquiries
Decision date : 11 Jun 2019
The Ombudsman's final decision:
Summary: The Ombudsman will not investigate Mr X’s complaint about the content of a court welfare report about his daughter and how the Council is handling the case. The complaint is outside the Ombudsman’s jurisdiction because a court is dealing with the case.
The complaint
- Mr X complains that the Council has provided a welfare report to court, about his daughter Y, which is inaccurate, contradictory and is a character assassination. He says it is not true to say that he has tried to force Y to see him or is responsible for problems in her living arrangements.
The Ombudsman’s role and powers
- 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)
How I considered this complaint
- I have considered Mr X’s information, comments, and discussed the complaint with him by telephone. I have considered the Council’s complaint replies sent to Mr X last year.
What I found
- Mr X complained to the Ombudsman in 2018 that the Council had not properly investigated his safeguarding concern about possible emotional abuse of his daughter and that she was being alienated from him. The complaint was closed as legally premature to this office and advice given about complaining to the Council.
- Mr X tells me that in November 2018 he applied to court about not getting information about his daughter. The application has expanded to include concern about her current living arrangements which changed earlier this year. The court has directed the Council and the court advisory service, CAFCASS, to assess the situation and provide further welfare reports.
Analysis
- I will not investigate this complaint because it is outside the Ombudsman’s jurisdiction (see paragraph 2 above). We cannot investigate issues which a court is considering including the content of court reports.
Final decision
- The Ombudsman will not investigate Mr X’s complaint about the content of a court welfare report about his daughter and how the Council is handling the case. The complaint is outside the Ombudsman’s jurisdiction because a court is dealing with the case.
Investigator's decision on behalf of the Ombudsman