Summary: We will not investigate Mr X’s complaint about a Council assessment and the failure of the Council to protect his child from harm by her mother. These matters are not separable from the residence of his child, which is currently subject to court proceedings.

The complaint

1. Mr X said the Council failed to protect his child from harm. He said it wrote an inaccurate report that is due to be before a court. He said this has caused distress to him and his child, as well as creating cost.

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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 if someone has started court action about the matter. (Local Government Act 1974, section 26(6)(c), as amended)
4. The law says we cannot normally investigate a complaint when someone could take the matter to court. However, we may decide to investigate if we consider it would be unreasonable to expect the person to go to court. (Local Government Act 1974, section 26(6)(c), as amended)

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How I considered this complaint

5. I read Mr X’s complaint. I gave him the opportunity to comment on a draft decision.

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What I found

6. Mr X said his ex-partner harmed their child and the Council failed to act to protect her. He said the Council wrote an inaccurate assessment.
7. The matters complained of concern where Mr X’s child should live and what the parental contact arrangements should be. The report is one completed for a court, whose role is to decide her contact and residence arrangements.

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Final decision

8. We will not investigate this complaint. This is because the matters complained of are not separable from those where Mr X has either:

• Used his right to go to court; or
• Where it would be reasonable to use his right to do so

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Investigator's decision on behalf of the Ombudsman