Summary: We cannot investigate this complaint about the Council’s opposition to Mr X’s daughter’s partner living at the same address as her children. This is because the complaint does not meet the tests in our Assessment Code on how we decide which complaints to investigate. Arrangements for the residence of children and contact with them are decided by a court, and there is ongoing court action in this case.

The complaint

1. Mr X said a social worker has made up fictional reports and lied to make his daughter look bad and social services look good. He said the social worker had told his daughter her partner would not ever be allowed to make a family unit with her, despite probation services saying he is low risk.

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The Ombudsman’s role and powers

2. We cannot investigate a complaint if someone has started court action about the matter. (Local Government Act 1974, section 26(6)(c), as amended)
3. 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)
4. The courts have said that where someone has used their right of appeal, reference or review or remedy by way of proceedings in any court of law, the Ombudsman has no jurisdiction to investigate. This is the case even if the appeal did not or could not provide a complete remedy for all the injustice claimed. (R v The Commissioner for Local Administration ex parte PH (1999) EHCA Civ 916)

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How I considered this complaint

5. I considered information provided by the complainant.
6. I considered the Ombudsman’s Assessment Code.

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Final decision

7. We cannot investigate Mr X’s complaint because the matters complained of are not separable from matters that form part of a court process. That will remain the case after the ongoing court proceedings have ended, regardless of whether the Council then deal with the complaint.

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Investigator's decision on behalf of the Ombudsman