Summary: We cannot investigate Ms X’s complaint about the Council’s child protection involvement with her family because it lies outside our jurisdiction. The law prevents us from investigating complaints about matters that have been considered in court proceedings. We have no discretion to do so.

The complaint

1. The complainant, whom I shall call Ms X, complained the Council made false allegations about her and tried to place her two children in foster care via family court proceedings. Ms X also complained about the information the Council provided to the court.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse effect on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We may decide not to start an investigation if the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)
3. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
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)

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How I considered this complaint

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

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My assessment

7. Ms X complains about the Council’s decision to start court proceedings in its child protection involvement with her two children and about its actions in relation to this. Ms X complains the Council provided incorrect and incomplete information to the court during the proceedings.
8. Ms X also complains about the Council’s handling of her complaint and its decision not to consider her complaint at stage two of its complaints procedure because it was out of time.

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Final decision

9. We cannot investigate Ms X’s complaint. It lies outside our jurisdiction because it is about, or inextricably linked to, matters that have been considered in court proceedings. The law prevents us from considering complaints about such matters. We have no discretion to do so.
10. We will not investigate complaints about complaint handling issues where we are unable to consider the substantive complaint. This is because it is not a good use of limited public resources for us to do so.

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Investigator's decision on behalf of the Ombudsman