Summary: We will not investigate this complaint about the Council’s response to Mr X’s safeguarding concerns about his children. The matter is subject to private court proceedings, and it is reasonable for Mr X to raise all his concerns as part of that process.

The complaint

1. Mr X complained the Council refused to investigate his complaint relating to his children’s welfare. He says the Council’s failure to investigate his concerns meant court proceedings became necessary between him and the children’s other parent. He says the Council was biased in how it responded to reports made by both parties. Mr X says the matter has caused him significant inconvenience, distress and financial loss. He wants a full investigation and answers, as well as apologies, financial compensation and service improvements.

Back to top

The Ombudsman’s role and powers

2. 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))
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)

Back to top

How I considered this complaint

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

Back to top

My assessment

6. Mr X says the Council failed to respond appropriately when he raised concerns about his children’s other parent, yet questioned him about false allegations the other parent made about him. He says, had the Council taken appropriate action based on the concerns he raised, it would not have been necessary to commence private proceedings to make decisions about his children’s best interests.
7. Given that the courts are now involved, we will not investigate the matter. It is reasonable for Mr X to raise all his concerns about his children, as well as the Council’s involvement, as part of those proceedings. Any reports the Council has produced are likely to be be part of the information the courts gather to assist a decision. The courts may also order the Council to produce reports, and therefore Mr X’s views on the reliability of the Council’s assessment is relevant to the court’s decision.
8. The law prevents us from investigating what happens in court, which includes the content of reports produced to the courts. We also will not investigate matters we decide are reasonable for a person to have raised in court.

Back to top

Final decision

9. We will not investigate Mr X’s complaint because it is reasonable for him to raise all his concerns as part of the private court proceedings.

Back to top

Investigator's decision on behalf of the Ombudsman