Summary: We cannot by law investigate this complaint about the Council’s child protection assessment which informed the a court decision to remove the complainant’s child from his care. This is because the issues raised are subject to active legal proceedings and relate to decisions made by the court.

The complaint

1. The complainant (Mr X) complains about the Council’s involvement with his family on a child protection matter. Specifically, he disputes the Council’s assessment and reporting of allegations which informed its decision to initiate care proceedings and the court’s decision to remove his daughter from his care. In summary, Mr X says the failings have caused him significant distress, anxiety and uncertainty. As a desired outcome, he wants the Council to undertake a full investigation into the social worker with responsibility for the case.

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The Ombudsman’s role and powers

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

3. I considered information provided by the complainant and the Council. I also considered the Ombudsman’s Assessment Code.

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My assessment

4. The complaint concerns issues which are subject to active legal proceedings and relate to decisions made by the court. We have no legal jurisdiction to investigate in these circumstances and the restriction I outline at paragraph two applies.

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Final decision

5. We cannot by law investigate this complaint because the issues raised are subject to active legal proceedings and relate to decisions made by the court.

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Investigator's decision on behalf of the Ombudsman