Summary: We cannot investigate Mr X’s complaint about the actions of social workers. These matters are not separable from matters that were or could have been raised during court action.

The complaint

1. Mr X said the Council had apologised for the complications he had faced to understand his position on getting explanations, information, and insight into his missing children. He wanted the Council to provide him with the information it had withheld.

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The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
3. We cannot investigate a complaint if someone has started court action about the matter. (Local Government Act 1974, section 26(6)(c), as amended)
4. We have the power to start or discontinue an investigation into a complaint within our jurisdiction. We may decide not to start or continue with an investigation if we think the issues could reasonably be, or have been, raised within a court of law. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended)

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How I considered this complaint

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

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My assessment

7. The complaint correspondence Mr X provided gave details of court action he took to secure contact with his children. We cannot investigate matters that are not separable from court action. It would have been reasonable for Mr X to raise the issue of the Council denying him information about his children’s whereabouts in court.

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Final decision

8. We cannot investigate Mr X’s complaint because the matters complained of are not separable from matters that formed part court action or that could reasonably have been raised in court.

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Investigator's decision on behalf of the Ombudsman