Summary: We will not investigate Mr X’s late complaint about children services matters relating to his child. The law prevents us from investigating anything that has been the subject of court proceedings. We also have no power to investigate complaints about the Children and Family Court Advisory and Support Service (CAFCASS).

The complaint

1. Mr X complains about reports submitted to the courts in relation to his child. He alleges the reports contained false information provided by the Children and Family Court Advisory and Support Service (CAFCASS) and the Council. He says this has led to him being unfairly prevented from seeing his child for the last five years. Mr X complains is concerns about the safety of his child while in their other parent’s care, which he says the Council has ignored. He wants full custody of his child.

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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 about the start of court action or what happened in court. (Local Government Act 1974, Schedule 5/5A, paragraph 1/3, as amended)
4. 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))
5. We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council has done. (Local Government Act 1974, sections 26B and 34D, as amended)
6. We investigate complaints about councils and certain other bodies. We cannot investigate the actions of bodies such as CAFCASS. (Local Government Act 1974, sections 25 and 34(1), as amended)

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How I considered this complaint

7. I considered information provided by the complainant and the Ombudsman’s Assessment Code.

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My assessment

8. The Council has previously explained it cannot consider Mr X’s concerns under its complaints procedure as they relate to matters that have been the subject of court proceedings. The law also prevents us from investigating these issues. This means we cannot consider the content of any reports the Council may have prepared for the court in Mr X’s case.
9. We have no power to investigate any concerns Mr X has about CAFCASS. This body does not fall within our jurisdiction.
10. Mr X’s desired outcome in bringing his complaint to us is to have full custody of his child. This is not an outcome we can achieve. Only the courts have the power to decide such matters and grant custody.

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Final decision

11. We will not investigate Mr X’s complaint because it is late, about a body outside our jurisdiction or relates to the Council’s conduct in court proceedings, which could reasonably have been raised in court.

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Investigator's decision on behalf of the Ombudsman