Summary: We will not investigate this complaint about how the Council responded to Mr X’s safeguarding concerns. This is because the complaint relates to ongoing legal proceedings on a closely related matter.

The complaint

1. Mr X complained the Council failed to safeguard his child and investigate his reports of concern. He said the Council acted with gender bias in favour of the child’s mother.
2. Mr X said the Council failed to respond to his complaints. He said it should respond to his complaint because it is not relevant to ongoing court proceedings. He wants the Council to investigate his complaint under the children’s statutory complaint procedure.

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The Ombudsman’s role and powers

3. 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

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

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My assessment

6. We will not investigate this complaint because it would risk stepping into the court’s jurisdiction. The matters Mr X complained about cannot be separated or are closely related to family court proceedings.
7. The Council advised Mr X that once court proceedings had concluded it would investigate his complaints.

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Final decision

8. We will not investigate Mr X’s complaint because the complaint relates to ongoing legal proceedings on a closely related matter.

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Investigator's decision on behalf of the Ombudsman