The Ombudsman's final decision
Summary: We cannot investigate this complaint about an assessment carried out by the Council’s children’s services, after a safeguarding referral was received. This is because the contents of the assessment have been considered in court proceedings which places the matter outside of our jurisdiction
The complaint
The complainant, who I will call Mr X, complains about the contents of an assessment that the Council’s children’s services completed after a safeguarding referral was received about the care of Mr X’s child. Mr X says the assessment was inadequate, was bias against him and contained inaccurate information. Mr X says the assessment has been used against him in court proceedings considering the care arrangements of his child.
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)
How I considered this complaint
I considered information provided by the complainant and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
I cannot investigate Mr X’s complaint. This is because the contents of the Council’s assessment have been considered in court proceedings to determine the care arrangements of his child. We cannot investigate any matters that have been subject to court proceedings.
Final decision
We will not investigate Mr X’s complaint because the matter has been subject to court proceedings.
Investigator's decision on behalf of the Ombudsman