The Ombudsman's final decision
Summary: We will not investigate Mr X’s complaint about the Council’s handling of child protection enquiries. The law prevents us from investigating complaints about matters that are being considered in court proceedings. We have no discretion to do so.
The complaint
Mr X complains the Council did not properly consider the evidence when carrying out child protection enquiries. He says this resulted in him having to leave the family home.
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
The Council told Mr X it would not consider his complaint through its complaint’s procedure. This is because the issues raised in the complaint fell within public court proceedings. It advised him to discuss his concerns with his legal representatives.
We cannot investigate Mr X’s complaint because it lies outside our jurisdiction. The law does not allow us to investigate complaints about matters that are subject to court proceedings. This restriction applies to the Council’s involvement in the proceedings and evidence it provides to the court or which will be considered as part of the proceedings. Mr X’s complaint concerns the Council’s child protection enquiries and the evidence it considered. These matters are closely linked to the court proceedings, so we cannot investigate them.
Final decision
We will not investigate Mr X’s complaint because the matters will be considered in Court. The law says we cannot investigate complaints about such matters. We have no discretion to do so.
Investigator's decision on behalf of the Ombudsman