Summary: We cannot investigate Mr X’s complaint about the Council’s handling of matters involving his child. The law prevents us from investigating anything that is or has been the subject of court proceedings. For matters not related to court proceedings further investigation would not lead to a different outcome.

The complaint

1. Mr X complained the Council wants to return his child to his ex-partner’s care. Mr X stated that this has caused him stress and anxiety and impacted his child’s health. He would like the Council to listen to his request that he provide full time care for his child.

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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)

We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We do not start or continue an investigation if we decide further investigation would not lead to a different outcome. (Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

4. I considered information provided by Mr X and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Mr X complained the Council wants to return his child to his ex-partners care and has not listened to his request to provide full time care for his child. The Council in its complaint response, stated that it could not respond to Mr X’s complaint about his son’s care or his care package because the matters were subject to ongoing court proceedings.
7. The Council informed Mr X that once court proceedings had concluded, he could contact them with any concerns he felt still needed to be considered.
8. We cannot investigate the parts of the complaint which are subject to court proceedings. The law prevents us from becoming involved in matters that are or have been the subject of court proceedings. We have no power to intervene or make decisions in place of the court.
9. Mr X also complained that the Council had not responded to his contact, calls or messages. The Council in its complaint response stated that it had reviewed Mr X’s son’s case file and confirmed there was a lot of correspondence between the social worker and parents. It apologised for any delay in communication and provided Mr X with an alternative point of contact for urgent matters.
10. We will not investigate the part of the complaint relating to communication failings between Mr X and the Council. The Council has apologised for any delays and offered an alternative point of contact. Further investigation of this matter would not lead to a different outcome.

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Final decision

11. We cannot investigate Mr X’s complaint because the law prevents us from investigating anything that is or has been subject of court proceedings. For the matters not related to court proceedings, further investigation would not lead to a different outcome.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman