Northamptonshire County Council (20 009 861)
Category : Children's care services > Other
Decision : Closed after initial enquiries
Decision date : 08 Feb 2021
The Ombudsman's final decision:
Summary: We will not investigate this complaint about the Council’s reports because it is reasonable to expect Mr Y to raise his objections in court.
The complaint
- Mr Y complains the Council’s reports about his children are inaccurate, unsupported by evidence and biased. He also complains about the Council’s poor complaint handling.
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)
- We have the power to start or discontinue an investigation into a complaint within our jurisdiction. We may decide not to start or continue with an investigation if we think the issues could reasonably be, or have been, raised within a court of law. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended)
How I considered this complaint
- I considered the information provided. Mr Y had an opportunity to comment on my draft decision. I considered any comments received before making a final decision.
What I found
- Mr Y has told us the Council’s reports about his children are likely to be included in an upcoming court hearing, about the custody and access to his children, in March 2021. Mr Y says the reports are inaccurate, biased and unsupported by evidence. As these reports will likely be considered in the ongoing proceedings, it is reasonable for Mr Y to raise his objections in court. Should the Court rely on those reports to make its decision then we cannot investigate those reports. We will not investigate this complaint.
- Mr Y has also complained about the Council’s complaint handling. It is not a good use of public resources to investigate complaints about complaint procedures, if we are unable to deal with the substantive issue. Consequently, we will not investigate this complaint.
Final decision
- We will not investigate this complaint because it is reasonable to expect Mr Y to raise his objections to the reports in court.
Investigator's decision on behalf of the Ombudsman