The Ombudsman's final decision
Summary: We cannot investigate this complaint about child protection action and the welfare of children in care. This is because the complaint concerns matters which have been decided in court.
The complaint
The complainant, who I will refer to as Mr B, complains that the Council has been at fault in the course of child protection action and in the subsequent care of his children.
The Ombudsman’s role and powers
The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate. 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) The courts have said we can decide not to investigate a complaint about any action by a council concerning a matter which is outside our jurisdiction. (R (on the application of M) v Commissioner for Local Administration [2006] EHWCC 2847 (Admin))
How I considered this complaint
I considered information provided by the complainant and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
The Council has removed Mr B’s children from the care of his former partner. They are now in foster care. Mr B argues that the Council could have avoided the removal if it had provided support to his former partner.
Mr B further complains that the Council’s officer misrepresented information to the court and has prevented the children from having contact with him, despite their wish to do so. He has concerns about their welfare in foster care.
The Ombudsman will not investigate Mr B’s complaint because it concerns matters which have been decided in court. The evidence shows that the decisions to place the children in care and for them to remain in foster care have been tested in court. So has the decision to deny contact. These were decisions of the court, and therefore they, and the evidence they were based on, fall outside the Ombudsman’s jurisdiction. By law, we cannot consider the evidence presented to the court and cannot take a view on whether the social worker misrepresented the facts.
The alleged failure to provide support to Mr B’s former partner is a matter for her to raise directly with the Council. In any case, it is not separable from the decision to remove the children from her care and is not therefore for the Ombudsman to consider.
Final decision
We cannot investigate Mr B’s complaint because it concerns matters which have been decided in court.
Investigator's decision on behalf of the Ombudsman