Summary: We will not investigate this complaint about Mr X’s complaint about the Council’s failing to invite him to review meetings or its assessment reports for the court. The law prevents us from investigating anything that is the subject of court proceedings and we also cannot achieve the outcome Mr X wants.

The complaint

1. Mr X complains about the Council’s during his child’s removal from his mother’s care. He says it did not invite him to the review meetings or provide notes, it made mistakes in its assessment for the court, and it gave the financial help mother to attend court but not him.

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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)
3. 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 we cannot achieve the outcome someone wants.

(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 the complainant.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Mr X’s complaints about the court assessments and financial help to attend court proceedings. The law prevents us from investigating what happens in court. This includes the content of any reports the Council produces for the court and its related action.
7. I appreciate that Mr X also has a complaint about the Council’s actions in inviting him to meetings. We are unlikely to achieve the outcome he wants. We do not normally ask councils to refund the costs of court proceedings.

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Final decision

8. We will not investigate Mr X’s complaint because it relates to court proceedings and our intervention would not achieve the outcome he wants.

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Investigator's decision on behalf of the Ombudsman