The Ombudsman's final decision
Summary: We cannot investigate this complaint about the Council’s involvement in Mr X’s child’s case. We have no power in law to investigate matters that have been considered in court. It was reasonable for Mr X to raise his concerns as part of the related court proceedings. We also could not achieve a worthwhile outcome.
The complaint
Mr X complains the Council failed to properly investigate safeguarding risks relating to his child. He says it failed to consider the significant harm threshold properly.
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) We also 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 Mr X and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Mr X’s complaint is about the Council’s response to safeguarding risks relating to his child. He says the Council failed to properly investigate and did not consider the significant harm threshold properly.
We cannot investigate matters that have been considered in court. The law prevents us from investigating matters that have been, or are closely connected with, court proceedings. It was reasonable for Mr X to raise these concerns as part of the proceedings. We will not investigate a complaint about the matter instead.
In any event, we cannot achieve the outcome Mr X wants. He wants the Council to change its records. We cannot recommend that the Council amends records. We will not investigate this matter.
Mr X also says the Council failed to make reasonable adjustments for him. The Council says it offered him the opportunity to take part in meetings remotely. The evidence shows Mr X has attended meetings remotely and has received relevant paperwork. I do not consider there is enough evidence of fault to justify an investigation.
Mr X is also unhappy with the Council’s communication. It is not proportionate for us to investigate ancillary matters if we are not investigating the substantive issue.
Final decision
We cannot investigate Mr X’s complaint because it concerns matters closely connected to court proceedings, and it was reasonable for him to raise them as part of the proceedings. We also could not achieve a worthwhile outcome for Mr X.
Investigator's decision on behalf of the Ombudsman