Summary: We will not investigate this complaint about the Council’s involvement in Mr X’s children’s case. The matter is currently being considered as part of private court proceedings.

The complaint

1. Mr X complained the Council ignored reports of harm caused to his children by their other parent. He said this caused him significant distress, and ongoing risk to his children. He wanted the Council to take action to protect his children.

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The Ombudsman’s role and powers

2. 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)
3. 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))

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How I considered this complaint

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

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My assessment

6. Mr X complained to the Council about an incident that occurred in late 2023, involving his child and their other parent. The Council issued a stage one complaint response. It then found out the matter was currently being considered in court and it explained it could not consider the complaint further until after the proceedings had finished.
7. We also cannot consider the complaint. We cannot investigate matters that have been considered in court, and any involvement by us at this time could prejudice the proceedings. The Council will likely be asked by the court to provide evidence as part of proceedings, and we could not consider the Council’s submissions to court.
8. After the proceedings have completed, it is open to Mr X to complain to the Council again. He told us he has concerns about earlier events as well, which it is also open to him to complain to the Council about.
9. We will not normally consider things we decide could or should have been raised as part of related proceedings. We will not therefore consider a complaint about the Council’s earlier actions. It is reasonable for Mr X to raise all concerns about the Council’s actions as part of the current proceedings. While it is not the court’s role to decide whether there was any fault by the Council, any concerns Mr X has about the Council’s previous investigations and findings are relevant information for the court to consider when weighing up all evidence and deciding what weight to give the submissions by the Council and the children’s other parent.

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Final decision

10. We will not investigate Mr X’s complaint because the matter is currently being considered as part of private court proceedings.

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Investigator's decision on behalf of the Ombudsman