The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s involvement in Mr X’s children’s case. It is not separable from matters that are being considered in court.
The complaint
Mr X complained about the Council’s alleged failure to safeguard his children, whose neglect he says was clearly evidenced during private court proceedings. He said the Council chose to close the family’s case prematurely, despite ongoing court and police involvement, and then failed to respond properly to his complaints.
Mr X said this has left his children at risk, has caused him distress and prolonged the court proceedings, meaning his resources have been depleted. He wanted the Council to make service improvements, provide staff training and take disciplinary action against the responsible staff members.
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.
I considered the Ombudsman’s Assessment Code.
My assessment
The law prevents us from investigating matters that are being, or have been, considered in court. The matters Mr X raises are not separable from the court proceedings.
While it is not the court’s role to decide whether the Council has acted with fault, Mr X’s complaint ultimately relates to the Council’s assessment of the family situation and its representations as to the children’s welfare. We could not investigate the content of any reports the Council submitted to court.
It is for the court, not the Council or the Ombudsman, to decide what is in Mr X’s children’s best interests. It is reasonable for him to present all his concerns as part of the court process as they are relevant to the court’s decision.
Final decision
We will not investigate Mr X’s complaint because it is not separable from matters that are being considered in court.
Investigator's decision on behalf of the Ombudsman