Source · LGO (Local Government & Social Care Ombudsman)

Norfolk County Council

LGO (Local Government & Social Care Ombudsman) Other Reference 22-010-813 Sector Children S Care Services Category Child Protection Decided 22 November 2022

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Full decision

The Ombudsman's final decision

Summary: We will not investigate this complaint about the Council’s involvement with the complainant’s family and the living arrangements of their child. This is because we cannot consider complaints linked to court proceedings or achieve the outcome the complainant wants.

The complaint

The complainant, whom I shall refer to as Mr X, complained about the Council’s involvement with his family. Mr X says the Council has failed to act as directed by the Court. He wants the Council to follow the Court’s orders. Mr X is unhappy with his child’s living arrangements and a lack of contact.

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) We have the power to start or discontinue an investigation into a complaint within our jurisdiction. We may decide not to start or continue with an investigation if we think the issues could reasonably be, or have been, raised within a court of law. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended) We do not start or may decide not to continue with an investigation if we decide we cannot achieve the outcome someone wants. (Local Government Act 1974, section 24A(6))

How I considered this complaint

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

My assessment

We will not start an investigation into Mr X’s complaint.

The law prevents us from considering complaints about what happened in court or matters which are linked to court proceedings. We cannot consider complaints about the preparation, collation, and analysis of evidence, including reports written by social workers or other officers for court proceedings. We cannot consider complaints about the evidence given in court by council officers. Complaints about a council failing to follow a court’s orders are also outside our jurisdiction.

If Mr X thinks the Council has failed to follow the Court’s orders, then he needs to raise this with the Court.

Decisions regarding the living arrangements of Mr X’s child are also for the Court. We have no powers to say where Mr X’s child should live, or the level of contact Mr X should have with them. These are not matters for the Ombudsman.

Final decision

We will not investigate Mr X’s complaint because we cannot consider complaints linked to court proceedings or achieve the outcome he wants.

Investigator's decision on behalf of the Ombudsman

View original on LGO (Local Governme… website

Other decisions involving Norfolk County Council

Reference Date Summary Outcome
25-007-368 Upheld
24-006-266 Other
25-007-602 Upheld
25-010-841 Not Upheld
25-018-099 Other
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