Summary: We cannot investigate most of Mr X’s complaints about the actions of the Council’s children’s services and a court report because they relate to matters being considered by a court. We will not investigate the earlier matters because they relate too closely to the later court proceedings.

The complaint

1. Mr X complained about the involvement of the Council’s children’s services regarding his family including a section 7 report for court.
2. Mr X said the matter caused him distress and frustration.

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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 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)
5. 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))

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How I considered this complaint

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

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My assessment

8. We cannot investigate most of Mr X’s complaint about the actions of the Council’s children’s services. This is because the primary issues complained about are currently being considered by the courts.
9. The courts directed the Council to write a section 7 report. The Ombudsman has no jurisdiction to consider its contents of the report or any associated issues that happened during court proceedings. It is open to Mr X to raise any disagreements he may have with the court directly.
10. There was a period of involvement from the Council’s children’s services before the courts became involved. However, the fundamental issues regarding where and with whom Mr X’s children should live, and any safeguarding issues, are now being considered by the courts. Therefore, we will not investigate Mr X’s complaints about what happened before court proceedings started because these matters are too closely related to the later legal proceedings.

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Final decision

11. We cannot investigate most of Mr X’s complaint because they relate to matters being considered by a court. We will not investigate the earlier matters because they relate too closely to the later court proceedings.

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Investigator's decision on behalf of the Ombudsman