Summary: We cannot investigate Mr X’s complaint concerning the Council’s involvement with his child. This is because there are ongoing legal proceedings, and so his complaint matters lie outside our jurisdiction.

The complaint

1. Mr X complains about the actions of Council staff and says the Council has been unhelpful to his family. He also says the information in Council reports is inaccurate.

Back to top

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)

Back to top

How I considered this complaint

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

Back to top

My assessment

6. We are prohibited from considering matters related to on going court proceedings.
7. We cannot separately investigate council officer actions without considering their consequences. In this case, all the effect of the Council’s actions are in the court proceedings, reports and evidence. And Mr X can raise his concerns in court.

Back to top

Final decision

8. I cannot investigate this complaint. This is because the complaint issues are not separable from ongoing court proceedings.

Back to top

Investigator's decision on behalf of the Ombudsman