Summary: I cannot investigate this complaint about the Council’s children’s services involvement with contact arrangements for the complainants child. This is because the matter is subject to court proceedings.

The complaint

1. The complainant, who I will call Mr X, complains about the Council’s children’s services involvement with his child. The courts are currently decided on contact arrangements for his daughter and Mr X says the Council should tell the truth during upcoming proceedings.

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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 about the start of court action or what happened in court. (Local Government Act 1974, Schedule 5/5A, paragraph 1/3, as amended)

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How I considered this complaint

4. I considered information provided by the complainant and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. I cannot investigate Mr X’s complaint. The issue of contact between Mr X’s daughter and her parents is subject to ongoing court proceedings. The law does not allow the Ombudsman to investigate matters that are subject to court proceedings.

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Final decision

7. I cannot investigate Mr X’s complaint because the matter is subject to court proceedings.

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Investigator's decision on behalf of the Ombudsman