Summary: The Ombudsman cannot investigate Miss B’s complaint that the Council has failed to act to safeguard her children. This is because the complaint concerns matters which have been decided in court.

The complaint

1. The complainant, who I will refer to as Miss B, complains that the Council has failed to act to safeguard her children.

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The Ombudsman’s role and powers

2. 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)

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How I considered this complaint

3. I have considered what Miss B has said in support of her complaint and relevant correspondence provided by the Council. I have offered Miss B the opportunity to comment on a draft of my decision.

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What I found

4. Miss B’s children are the subject of Interim Care Orders. The court is considering future care arrangements for them. One child has been placed with foster carers. The other is with a family member. Miss B complains that the Council has failed to safeguard the children. Specifically, she complains that a sex offender can have access to the younger child.
5. In response to an enquiry from Miss B’s MP, the Council says the court directed the person Miss B is concerned about to leave the home where the child was placed, and that he has complied.
6. The Ombudsman cannot investigate Miss B’s complaint. Where the children live, and who can have contact with them, are matters for the court. The complaint correspondence shows that they have been considered in court. That places the matter outside the Ombudsman’s jurisdiction. If Miss B is unhappy with the arrangements the court has made, her recourse is to go back to court. We cannot intervene.

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Final decision

7. The Ombudsman cannot investigate this complaint. This is because it concerns matters which have been decided in court.

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Investigator's decision on behalf of the Ombudsman