The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s court report and its actions towards facilitating contact between Mr X and his children. The law prevents us from investigating what happens during court proceedings. It is reasonable for Mr X to raise all parts of his complaint as part of the ongoing proceedings.
The complaint
Mr X complained about the Council’s assessment of his children’s case, which he believed was biased against him. He said the matter caused him significant distress and resulted in his children being removed from his care.
Mr X also complained about the Council not keeping him informed about his children’s welfare, not responding to his messages and not facilitating contact with his children in line with the court’s instructions. He said this prevented him from continuing a relationship with his children.
Mr X wanted apologies and explanations, and for his children’s case to be reconsidered.
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) We have the power to start or end an investigation into a complaint about actions the law allows us to investigate. We may decide not to start or continue with an investigation if we think the issues could reasonably be, or have been mentioned as part of the legal proceedings regarding a closely related matter. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended, section 34(B))
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 relates to a report the Council produced as part of private proceedings between him and the mother of this children. The law prevents us from considering what happens during court proceedings. This includes the content of any report written by the Council as part of those proceedings. We have no power to investigate the content of the Council’s report. Mr X should raise his concerns as part of the court proceedings.
Mr X also complains about the Council’s actions outside of the hearings themselves, which he says have not been in line with court orders. He says the Council has failed to facilitate contact between him and his children, and has failed to communicate with him about this.
The proceedings are ongoing and have not yet come to an end. While the court’s role is not to consider whether there has been fault by the Council, it is reasonable for Mr X to raise these matters as part of the proceedings as they are directly relevant to further consideration by the court. We will not consider a complaint about these matters instead.
Final decision
We will not investigate Mr X’s complaint because the law prevents us from investigating what happens during court proceedings, and it is reasonable for him to raise all concerns as part of the ongoing proceedings.
Investigator's decision on behalf of the Ombudsman