The Ombudsman's final decision
Summary: We cannot investigate this complaint about the Council’s involvement in the care and contact arrangements of a child. This is because the matter has either been considered in court or could reasonably be raised in court.
The complaint
Mr X complains about the Council’s actions in 2012 after concerns were raised about the care of his child. He complains about subsequent care proceedings that led to his child being taken into care and the current contact arrangements in place between he and his son.
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 law says we cannot normally investigate a complaint when someone could take the matter to court. However, we may decide to investigate if we consider it would be unreasonable to expect the person to go to court. (Local Government Act 1974, section 26(6)(c), as amended) We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council has done. (Local Government Act 1974, sections 26B and 34D, 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 complain about the Council’s decision to commence care proceedings or how the Council conducted itself during those proceedings. The law prevents us from investigate the start of court action or what happened in court. This includes the contents of assessments and reports shared by the Council during proceedings.
The actions of the Council prior to court proceedings happened too long ago. Mr X was aware of the Council’s involvement with his child at the time and had legal representation, so I see no good reason why he could not have complained at the time. Even if he had complained sooner it is unlikely we could have considered the issues raised as they are likely to have been inseparable from the subsequent court proceedings.
I will not investigate Mr X’s complaint about the current contact arrangements between he and his child. The care and contact arrangements of Mr X’s child have been decided in court and they are subject to a care order. If Mr X feels the Council is not abiding by the court’s orders, it is reasonable to expect him to ask the courts to intervene.
Final decision
We will not investigate Mr X’s complaint because the matters raised have either been considered in court or could reasonably be raised in court.
Investigator's decision on behalf of the Ombudsman