Summary: The Ombudsman cannot investigate this complaint about the Council’s approach to contact between the complainant and her son. This is because the matter has been considered by a court. The Ombudsman will not investigate other parts of the complaint as there is insufficient evidence of fault by the Council.

The complaint

1. The complainant, who I refer to here as Miss X, has complained that the Council:

• Wrongly advised her not to collect her son from school;
• Failed to refer her son to an educational psychologist, which she says has affected his mental well-being;
• Discriminated against her because of previous mental health issues;
• Victimised her for previous complaints;
• Failed to adequately address conflicts and concerns arising from the involvement of her son’s grandmother, who is a Council employee, in her son’s care;
• Failed to communicate adequately.

2. Miss X also complained that her child’s school has prevented her from collecting him.

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The Ombudsman’s role and powers

3. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word ‘fault’ to refer to these. We must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’. We provide a free service, but must use public money carefully. We may decide not to start or continue with an investigation if we believe it is unlikely we would find fault. (Local Government Act 1974, section 24A(6), as amended)
4. 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)
5. We cannot investigate complaints about what happens in schools. (Local Government Act 1974, Schedule 5, paragraph 5(b), as amended)

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How I considered this complaint

6. I considered information provided by Ms X and by the Council about the complaint. I also sent my draft decision to Ms X for comment.

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What I found

7. Miss X has a son who lives with his grandmother under a Residence Order which is dated June 2018. The Order also granted Miss X contact with her son, including his collection from school. A serious incident occurred in late 2018 following Miss X’s collection of her son from school.
8. Miss X complained that in 2019 the school prevented her from collecting her son and that the Council had also advised her against collection, which she felt it had no right to do. The Council has informed me that Miss X’s contact with her son is currently suspended under a new Contact Order issued in January 2020. We are not able to investigate matters that are the subject of court orders.
9. Miss X has concern for her son’s emotional well-being and feels he would benefit from psychological treatment. She complained that the Council has refused to refer him for this. The Council’s response was that that her son’s case was closed by social services and that his school had reported no concerns about his emotional well-being. My view is that the Council had no obligation to refer Miss X’s son and was therefore not at fault.
10. Miss X complained that the Council had failed to properly consider multiple concerns she had raised about her son’s grandmother, who is a social worker employed by the Council. She feels that the Council has shown bias against her because of the grandmother’s employee status. Miss X also complained of discrimination arising from her past mental health issues and of victimisation resulting from previous complaints she has made.
11. The Council told me that Miss X had made repeated allegations about the grandmother which it had not been able to substantiate. It said it had carried out assessments and observations of the grandmother’s care of Miss X’s son and has no concerns. In its complaint response to Miss, the Council also suggested she make a referral to its safeguarding hub, which decides on child risk and need, if she had additional concerns about her son. The Council has provided evidence of thorough investigation of one of Miss X’s more recent allegations. My view is that the council’s actions and advice were appropriate. I have not found evidence that the Council victimised Miss X as a result of past complaints, failed to take her fresh complaints seriously or discriminated against her in its responses to her.
12. Miss X also complained of poor communication from the Council. She stated that she had not received a letter from a social worker. The Council has provided me with correspondence showing that it sent Miss X a copy of this letter on several occasions. I have not found evidence of fault by the Council.

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Final decision

13. The Ombudsman cannot investigate this complaint. This is because the substantive matter has been considered by a court and is out of jurisdiction. There is no evidence of fault by the Council in respect of other parts of the complaint.

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Investigator's decision on behalf of the Ombudsman