Summary: We cannot investigate this complaint about the Council’s adult safeguarding involvement in relation to Ms Y’s proposed marriage. The law prevents us from considering matters that have been considered in court.

The complaint

1. Mrs X and her daughter, Ms Y, complained about the Council’s safeguarding involvement when Ms Y intended to marry. Their complaints included the Council:
• made accusations without evidence and based upon racial bias;
• did not develop a good relationship with Ms Y;
• failed to speak to Ms Y’s parents to clarify misunderstandings;
• commenced court proceedings about the matter; and
• gave an insufficient, generalised apology.
2. Mrs X said the matter caused significant distress and financial loss. She said the stress from the matter also had a significant impact on her health.
3. Mrs X and Ms Y wanted the Council to hold the social worker accountable, provide staff training and pay their court costs.

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The Ombudsman’s role and powers

4. 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)
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.
7. I considered the Ombudsman’s Assessment Code.

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My assessment

8. Mrs X and Ms Y’s complaint relates to the Council’s actions when Ms Y was detained under the Mental Health Act, and its subsequent decision to commence court proceedings in relation to Ms Y’s proposed marriage.
9. The law prevents us from investigating complaints about councils’ decisions to begin court proceedings. We also cannot investigate what happened during proceedings, which includes the substance of councils’ or other parties’ representations to court.
10. While the court’s role was not to decide whether there was any fault in the Council’s prior actions, any concerns about how the Council handled the matter before court involvement were relevant to the courts’ consideration. The complaint correspondence provided to us indicates that some of the concerns were raised with the courts. It was reasonable for Mrs X to raise all concerns she has brought to us, as part of the proceedings. We will not investigate these matters instead as they are inextricably linked to the court proceedings.
11. We have no power to interfere with decisions that are for the courts, and we could not in any event make recommendations for the Council to pay the family’s legal fees. The appropriate route to seek costs would be via the courts. It is open to Mrs X and Ms Y to seek legal advice.

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Final decision

12. We will not investigate Mrs X and Ms Y’s complaint because the law prevents us from investigating matters that have been considered in court.

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Investigator's decision on behalf of the Ombudsman