The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s involvement in Mr X’s child’s case. The matter is subject to ongoing court proceedings.
The complaint
Mr X complained the Council placed his child with a foster carer who has hurt them. He said when he raised this with the social worker, they were dismissive and wrongly claimed he had told his child to make this allegation. He said the matter has impacted his health, and he wanted the child returned to his care.
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 considered the Ombudsman’s Assessment Code.
My assessment
Mr X’s complaint is about the Council’s involvement in his child’s case. In particular, he complains the social worker did not respond effectively to his concerns about his child’s welfare while in foster care.
The Council’s concern Mr X may have told his child to make this allegation is relevant to its representations to the court. We have no power to investigate the substance of a council’s representations to court. Mr X should raise his concerns as part of the proceedings. We have no power to change the outcome of court proceedings. Only the courts, not the Council or the Ombudsman, can decide where it is in Mr X’s child’s best interests to live.
Investigator's decision on behalf of the Ombudsman