Sefton Metropolitan Borough Council (19 018 617)
Category : Children's care services > Child protection
Decision : Closed after initial enquiries
Decision date : 11 Mar 2020
The Ombudsman's final decision:
Summary: The Ombudsman cannot investigate Ms B’s complaint that the Council has been at fault during its involvement with her niece. This is because the matters have been considered in court.
The complaint
- Ms B says the Council pre-determined the outcome and acted in a biased way when dealing with child protection concerns involving her niece. Ms B says the Council failed to explain the court and appeals process and the Council didn’t properly consider her as a suitable carer for her niece. Ms B says she suffered stress during the proceedings which is still ongoing.
The Ombudsman’s role and powers
- We have the power to start or discontinue an investigation into a complaint within our jurisdiction. 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)
- 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)
How I considered this complaint
- I considered information from both Ms B and the Council. I shared a draft version of this decision with Ms B and invited her comments.
What I found
- After a police incident, the Council put Ms B’s niece into foster care. The Council investigated the child protection concerns. Court proceedings took place and
Ms B’s niece was placed for adoption. - Ms B says the social workers were against her and her family during the investigation. She says the Council did not give her the right information during the proceedings and the outcome could have been different if she was provided with the correct information.
- The crux of Ms B’s complaint concerns matters that have been decided in court. The Ombudsman cannot investigate such complaints.
- If Ms B disagrees with the decision and feels the judge has not considered important information, her recourse is to take it back to court. The Ombudsman will not intervene.
Final decision
- The Ombudsman cannot investigate Ms B’s complaint. This is because the matters have been considered in court.
Investigator's decision on behalf of the Ombudsman