Summary: We will not investigate Mr X’s complaint about the Council’s handling of matters involving his children. The law prevents us from investigating anything that is or has been the subject of court proceedings.

The complaint

1. Mr X complains the Council has failed to act on serious safeguarding concerns about his children. He alleges the Council has:

• encouraged parental alienation;
• made false reports about him;
• ignored his cultural and religious needs; and,
• failed to respond to his requests for information.

2. He wants an independent review of the Council’s handling, records corrected and individual Social Worker conduct investigated.

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The Ombudsman’s role and powers

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)
4. 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))
5. Decisions about individual’s fitness to practise or work are for the organisations concerned, and for professional regulators, not the Ombudsman. (Local Government Act 1974, s26(1) and s26A(1) as amended)

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How I considered this complaint

6. I considered information provided by the complainant and the Council.
7. I considered the Ombudsman’s Assessment Code.

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My assessment

8. The Council has explained it will not consider Mr X’s complaints while there are ongoing legal proceedings in court. It has advised Mr X to raise any concerns he has in the court arena. Mr X may wish to do this directly or through any legal representative(s) that are acting on his behalf in court proceedings.
9. The law prevents us from becoming involved in matters that are or have been the subject of court proceedings. It would be for Mr X to raise any concerns about any information or reports the Council has prepared for the court in that forum. We have no power to intervene or make decisions in place of the court. Only the court can decide what is in a child’s best interest and on any matters of dispute.
10. Any concerns Mr X has about the professionalism or conduct of an individual social worker, he can report his concerns to their professional body, Social Work England. We have no jurisdiction to investigate concerns about an individual social worker’s fitness to practice.

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Final decision

11. We will not investigate Mr X’s complaint because the law prevents us from investigating the concerns he has raised.

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Investigator's decision on behalf of the Ombudsman