West Sussex County Council (22 004 552)

Category : Children's care services > Other

Decision : Closed after initial enquiries

Decision date : 10 Aug 2022

The Ombudsman's final decision:

Summary: We will not investigate this complaint about the Council failing to follow court agreed plans for his children after they were taken into care. This is because the issues raised are not separable from court proceedings.

The complaint

  1. Mr X complains the Council failed to follow the court agreed plans for his children after they were taken into care. He says this has affected their mental health and wellbeing. He also complains about the Council’s complaint handling.

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The Ombudsman’s role and powers

  1. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
  2. 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

  1. I considered information provided by the complainant and the Council.
  2. I considered the Ombudsman’s Assessment Code.

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My assessment

  1. Mr X’s children were placed into care by the Council. He says a 12-month supervision order was granted for the Council. He complains the Council did not follow any of the court agreed plans for his children.
  2. There are ongoing court proceedings taking place to consider the living and contact arrangements for Mr X’s children. It is reasonable for Mr X to raise his concerns about the Council’s actions during these court proceedings.
  3. Therefore, I will not investigate this complaint as the issues raised are not separable from the court proceedings.
  4. Further, I will not investigate Mr X’s complaints about the Council’s complaint handling. This is because we are not investigating the substantive matters complained about.

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Final decision

  1. We will not investigate Mr X’s complaint because the issues raised are not separable from the court proceedings.

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Investigator's decision on behalf of the Ombudsman

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