Summary: We will not investigate this complaint about the care of Ms X’s child. This is because the matters complained of are not separable from matters concerning the care of her child which have been subject to recent court action, and they could reasonably have been raised in court.

The complaint

1. Ms X complained the Council has caused her daughter harm by placing her with foster cares who are abusing her in various ways. She complained social workers were corrupt, had defied a judge’s orders and had written lies about her mental health.

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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 cannot investigate a complaint if someone has started court action about the matter. (Local Government Act 1974, section 26(6)(c), as amended)
5. 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

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

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My assessment

8. The matters complained of directly concern the care of a child at the time arrangements for the care of the child are being or have very recently been decided by a court. While Ms X says the foster carers with whom the Council has placed her daughter are abusing her in several ways, this directly relates to decisions about who the child should live with. It is not a separable matter, and it would be reasonable to have raised the issues Ms X complains of in court.

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Final decision

9. We cannot investigate Ms X’s complaint because the matters she complains of are not separable from matters that either have been or could reasonably have been raised in court during recent proceedings regarding the care of her child.

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Investigator's decision on behalf of the Ombudsman