Middlesbrough Borough Council (22 003 665)
Category : Children's care services > Other
Decision : Closed after initial enquiries
Decision date : 28 Jun 2022
The Ombudsman's final decision:
Summary: We cannot investigate this complaint about the Council’s actions. The matters complained of are not separable from matters concerning the residence of and contact with Mr X’s child. This has been subject to court proceedings and Mr X also has a right to return to court it would be reasonable to use.
The complaint
- Mr X said the Council failed to act with suitable urgency and diligence, or to investigate his complaint. He referred to bias, fabrications, a culture of corporate self-protection and a lack of welfare care.
The Ombudsman’s role and powers
- We cannot investigate a complaint if someone has started court action about the matter. (Local Government Act 1974, section 26(6)(c), as amended)
- 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)
How I considered this complaint
- I considered information provided by the complainant.
- I considered the Ombudsman’s Assessment Code.
My assessment
- The complaint concerns the welfare of Mr X’s child in the care of the child’s mother. Mr X provided a copy of a social care assessment. This recorded a history of allegations and counter allegation between Mr X and his former partner, and court involvement regarding the child. It showed the Council considered the most recent allegation by Mr X. A copy of the Council’s final response to the complaint, provided by Mr X, advised him to take legal advice. Mr X also stated in a recent complaint to the Council that he sent us that it “is inevitable that the Family Court will be obliged to make a ruling going forward.”
Final decision
- We cannot investigate Mr X’s complaint because the matters complained of are not separable from the issue of fitness to care for his child. This has been subject to previous court proceedings. Mr X also has a right to return to court it would be reasonable to use.
Investigator's decision on behalf of the Ombudsman