Summary: We will not investigate this complaint about children’s services because we cannot investigate what happened in court and the issues could reasonably have been or could be raised with the court in future.

The complaint

1. Mr Y complained the Council completed a report for court about his children without consulting him, despite his attempts to be involved in the process.
2. Mr Y says this led to him not being included in the collation of the report, which made allegations against him, potentially affecting his position legally as well as his relationship with his children.

Back to top

The Ombudsman’s role and powers

3. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
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. 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)
6. The law says we cannot normally investigate a complaint when someone could take the matter to court. However, we may decide to investigate if we consider it would be unreasonable to expect the person to go to court. (Local Government Act 1974, section 26(6)(c), as amended)

Back to top

How I considered this complaint

7. I considered information Mr Y provided and the Ombudsman’s Assessment Code.

Back to top

My assessment

8. Mr Y complained the Council completed an assessment for his children, resulting in a report to the court without involving him as a father, despite his requests to do so. He says allegations were made about him in the report which he was unable to respond to and feels his input was excluded. Mr Y says this impacts ongoing court proceedings.
9. The law prevents us from becoming involved in matters that are or have been the subject of court proceedings. The issues raised are intrinsically linked to the proceedings which are or have already been considered by the courts so we will not investigate. Any contact arrangements and reports for the court have been part of legal proceedings so we do not have the power to investigate these matters. We will not investigate.
10. If Mr Y wishes to seek changes to the existing arrangements relating to his children’s residence or contact arrangements, he would need to approach the court to raise these issues. 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. We would consider it reasonable to expect Mr Y to go to court about such matters.

Back to top

Final decision

11. We will not investigate Mr Y’s complaint because we cannot investigate what happened in court and the issues could reasonably have been or could be raised with the court in future.

Back to top

Investigator's decision on behalf of the Ombudsman