Summary: We cannot investigate this complaint about care proceedings brought by the Council as the law prevents us from investigating complaints about matters which have been considered by the court.

The complaint

1. Miss Y complains about the Council’s decision to take legal action unnecessarily and its behaviour in accusing and harassing the family. Miss Y says the family have suffered significant distress because of the Council’s actions and the accusations were unfounded, with the Care Order being discharged in court in September 2020.

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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)

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How I considered this complaint

4. I spoke to Miss Y and considered the information provided.

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What I found

5. Miss Y has a young child. A Care Order was made in relation to the child in February 2017. Miss Y says the Council then provided support to her through regular visits to her home. Miss Y says this support was not needed and the visits became distressing for her family, including the child. She says between 2017 and 2020 the Council made several allegations against her of either neglect or causing harm to her child.
6. The matter went to court again in September 2020. Miss Y says the court found the allegations were unfounded and the Care Order was discharged.
7. Miss Y then complained to the Council, saying it should not have asked the court to make the original Care Order and any further action by the Council to potentially remove the child from the family home should not have been made. She also complained about the accusations made by the Council and the treatment of the family which had led to the care proceedings being brought.
8. The Council said that as the matter had been to court it could not consider the complaint under its complaints process. Miss Y then approached us in January 2021.

Analysis

9. The law says we cannot investigate a complaint about a council for deciding to take legal action, or consider any complaint about the way litigation was conducted. Consequently, we cannot investigate the Council’s decision to take legal action in this case, even if the allegations were later unfounded.
10. The Council’s actions to carry out regular visits to the family in its provision of support and have discussions with the family about its concerns following the allegations relate inextricably to the Council’s decision to take legal action and to the information put before the court. Consequently, the law prevents us from investigation this complaint about the collection of this information or the allegations made.

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Final decision

11. We cannot investigate this complaint about care proceedings brought by the Council as the law prevents us from investigating complaints about matters which have been considered by the court.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman