The Ombudsman's final decision
Summary: We cannot investigate Mr X’s complaint about an assessment produced by the Council’s children’s services. This is because the assessment has been considered in court.
The complaint
Mr X complains that an assessment produced by the Council’s children’s services was one-sided which affected the contact arrangements between he and his children.
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)
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 complained about an assessment provided to CAFCASS by the Council. Mr X said the report was one-sided and impacted contact arrangements between he and his children.
I cannot investigate Mr X’s complaint because the assessment has been considered during court proceedings to determine the care and contact arrangements of Mr X's child. Where a matter has formed part of court proceedings, we cannot consider it.
Final decision
We will not investigate Mr X’s complaint because the assessment has been considered in court.
Investigator's decision on behalf of the Ombudsman