The Ombudsman's final decision
Summary: We cannot by law investigate this complaint about the adequacy of the Council’s child protection actions in respect of the complainant’s children, or its role in private custody proceedings. This is because the issued raised have been subject to court action. We have no legal jurisdiction to investigate a complaint where the issues raised are subject to court proceedings.
The complaint
The complainant (Mr Q) complains the Council has failed to take necessary child protection action in response to his concerns that his children are at risk of harm. In May 2023, Mr Q initiated court proceedings to obtain full custody of his children. He says the Council’s reports to the court dismissed his allegations and concerns and portrayed these as being made maliciously. Mr Q also says the Council’s conduct has been poor during the course of the legal proceedings and that it has not submitted reports to the court by the required timescales.
In summary, Mr Q says the alleged failings has significantly impacted on his and his children’s wellbeing, as well have causing deep distress and anxiety. As a desired outcome, he wants the Council to apologise and be held to account for the alleged failings.
The Ombudsman’s role and powers
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 also considered the Ombudsman’s Assessment Code.
My assessment
In May 2023, Mr Q applied to the Family Court for a child arrangement order and to resolve disputes about the upbringing of his and his ex-partner’s children. Up to Mr Q raising his complaint to the Ombudsman, and subsequent to this, he has confirmed these legal proceedings are ongoing. The Council has been involved in these custody proceedings, particularly with respect to the preparation of reports to the court. In my view, the court proceedings relate to the issues and allegations raised in the Mr Q’s complaint to us. The laws we have no legal jurisdiction to investigate any matter subject to court action. We cannot therefore investigate.
Final decision
We cannot investigate this complainant. This is because we have no legal jurisdiction to investigate a complaint where the issues raised are subject to court proceedings.
Investigator's decision on behalf of the Ombudsman