Leicestershire County Council (24 021 494)
Category : Children's care services > Other
Decision : Closed after initial enquiries
Decision date : 06 May 2025
The Ombudsman's final decision:
Summary: We cannot investigate Mr X’s complaint about the actions of the Council concerning his family. The matters he complains of are closely linked to matters now subject to court action regarding the care and residency arrangements for a child. A legal bar prevents us from investigating them, both now and permanently after the end of the court action.
The complaint
- Mr X complained of the actions of social workers regarding him, his former partner and their child. In his complaint to the Council he referred, among other matters, to what he said were inaccuracies in Council documents, the wishes of his child, bias and prejudice by the Council, and the actions of his ex-partner.
The Ombudsman’s role and powers
- The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
- We cannot investigate a complaint if someone has started court action about the matter. (Local Government Act 1974, section 26(6)(c), as amended)
- We have the power to start or end an investigation into a complaint about actions the law allows us to investigate. We may decide not to start or continue with an investigation if we think the issues could reasonably be, or have been mentioned as part of the legal proceedings regarding a closely related matter. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended, section 34(B))
How I considered this complaint
- I considered information provided by the complainant.
- I considered the Ombudsman’s Assessment Code.
My assessment
- There is current court action regarding the living arrangements of Mr X’s child, for which the Council has been ordered to draw up a s.7 report about the family. The matters Mr X complains of, including the views of the Council, are closely linked to that.
Final decision
- We cannot investigate Mr X’s complaint because the matters he complains of are closely linked to matters that could reasonably be raised in court. A permanent legal bar prevents us investigating his complaint both now and after the court action has ended.
Investigator's decision on behalf of the Ombudsman