Summary: Mr X complains about the care of his daughter, whom the Council has placed in foster care. The Ombudsman will not investigate this complaint because it is part of a matter already being considered by a court.

The complaint

1. Mr X complains about the care of his daughter, whom the council has placed in foster care. Mr X says that his daughter has suffered physical and sexual assault at the hands of social workers and foster carers. He also complains that the Council is not sharing information with him or properly recognising his shared parental responsibility.

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The Ombudsman’s role and powers

2. 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

3. I considered the complaint and the information provided by the Council.
4. I have written to Mr X with my draft decision and given him an opportunity to comment.

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What I found

5. Mr X says the Council has not properly addressed his concerns about physical harm to his daughter whilst in care.
6. Mr X complains that the Council has not met its obligation to share parental responsibility for his child. He says that the Council has not involved him in decisions about his daughter or kept him informed.
7. Mr X’s daughter is the subject of ongoing care proceedings in court. Therefore, it is reasonable for Mr X to raise in court the matters about which he complains.

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Final decision

8. The Ombudsman will not investigate this complaint. This is because it is part of a matter already being considered by a court.

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Investigator's decision on behalf of the Ombudsman