Summary: We will not investigate this complaint about child protection matters. This is because the issues raised either have been or could reasonably have been mentioned as part of court proceedings and because it is reasonable for the complainant to return to court.

The complaint

1. Mr X complains that the son is allowing contact between his son and a third party who Mr X believes poses a risk to his son. Mr X says the risk was hidden from family court proceedings.

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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 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))
4. The law says we cannot normally investigate a complaint when someone could take the matter to court. However, we may decide to investigate if we consider it would be unreasonable to expect the person to go to court. (Local Government Act 1974, section 26(6)(c), as amended)

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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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My assessment

7. I will not investigate Mr X’s complaint. The concerns he has about the care of his child stem from events that go back to 2022 which led to the family court determining the care arrangements of Mr X’s son. The events that form the basis of Mr X’s complaint, have been considered as part of these court proceedings. The issues raised therefore have either been considered as part of these proceedings or could reasonably have been raised by Mr X via his legal representative.
8. If Mr X believes he has new information that affects the outcome of these proceedings, then it would be reasonable to expect him to return to court.

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Final decision

9. We will not investigate Mr X’s complaint because the matters have been or could reasonably have been mentioned as part of court proceedings and because it is reasonable for him to return to court.

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Investigator's decision on behalf of the Ombudsman