The Ombudsman's final decision
Summary: We cannot investigate this complaint about the Council’s children’s services’ involvement in Mr X’s child’s case. The substantive parts of the complaint are about matters that have been considered in court, so the law prevents us from investigating them. The related matters are not proportionate for us to investigate in isolation.
The complaint
Mr X complained the Council: wrongly declined to investigate his complaint due to care proceedings; delayed and then relied on that delay to treat other matters as late; and wrongly considered remaining complaints via the corporate complaints procedure rather than the children’s statutory complaints procedure.
Mr X said this caused him significant distress and inconvenience, and uncertainty about decisions affecting his child. He wanted the Council to properly consider his complaint and provide explanations regarding its actions. He also wanted apologies, financial redress and for the Council to make service improvements.
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) The courts have said we can decide not to investigate a complaint about any action by an organisation concerning a matter which the law says we cannot investigate. (R (on the application of M) v Commissioner for Local Administration [2006] EHWCC 2847 (Admin))
How I considered this complaint
I considered information provided by the complainant.
I considered the Ombudsman’s Assessment Code.
My assessment
The law expressly prohibits us from investigating what happens as part of court proceedings. This includes the actions of social workers when compiling evidence and making decisions that are ultimately tested via court processes.
Mr X’s complaint to the Council was partly about its risk assessments and plans for his child, including where they should be placed. These matters were ultimately considered as part of care proceedings. The Council told Mr X it could not therefore investigate these matters via its complaints process. Mr X disagreed because: he had been discharged as a party to proceedings before any substantive decisions had been made, so he could not raise his concerns as part of the proceedings; and the court would not make determinations on his specific complaints, so he was left without recourse.
We have no power in law to investigate these parts of Mr X’s complaint. This remains the case even though he is no longer party to the proceedings, and even though the court’s role is not to decide whether the Council was at fault. Any alleged fault in the Council’s risk assessments and decision-making could be relevant to the outcome of court proceedings. Therefore, while Mr X may disagree, these complaints are not separable to the court proceedings. It is for the court, not the Council or the Ombudsman, to determine the validity of the Council’s representations and whether it properly considered the child’s circumstances.
Mr X’s complaint also related to the Council’s communication and information-sharing, and its decision not to disclose his child’s whereabouts. The Council decided these matters were separable to the court proceedings and told Mr X it would investigate and respond via its corporate complaints procedure.
Mr X complained to us, as he was concerned the Council should have used the statutory children’s complaints procedure. He also told us the Council had wrongly initially treated parts of his complaint as late.
We will not investigate the peripheral complaints relating to communication, information-sharing and complaint-handling. These matters are too closely related to the matters we cannot investigate. It is not proportionate for us to investigate the peripheral matters in isolation.
Final decision
We will not investigate Mr X’s complaint because the law prevents us investigating what happens as part of court proceedings, and it is not proportionate to consider the peripheral matters.
Investigator's decision on behalf of the Ombudsman