Summary: We will not investigate Mr Z’s complaint about children’s services’ involvement with his child. The law prevents us from investigating complaints about the start of court action or what happened in court, and any other matters could reasonably have been raised during the court proceedings.

The complaint

1. Mr Z complained about the Council’s care plan for his child, and said the Council filed inaccurate information with the court.
2. Mr Z said this caused him distress.
3. Mr Z wants the Council to change its view about permanence for the child.

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The Ombudsman’s role and powers

4. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
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. 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

7. I considered information provided by Mr Z.
8. I considered the Ombudsman’s Assessment Code.

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My assessment

9. We cannot investigate Mr Z’s complaint. The law prevents us from considering complaints about the start of court proceedings or what happened in court. This includes the preparation and content of reports provided by councils during proceedings.
10. As part of the court proceedings, it was reasonable to expect Mr Z to raise any concerns he has about care planning and contact arrangements in that arena. It is for the court to consider and decide these matters.

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Final decision

11. We will not investigate Mr Z’s complaint because the law prevents us from investigating complaints about the start of court action or what happened in court, and any other matters could reasonably have been raised during the court proceedings.

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Investigator's decision on behalf of the Ombudsman