Summary: We cannot investigate Miss X’s complaint about the Council’s views and actions in relation to the care of her children. The Court is considering their care and we cannot investigate the same issues.

The complaint

1. The complainant, whom I shall call Miss X, complains about the Council’s views on her parenting abilities and the contact she has with 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)
3. 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)
4. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We do not start or continue an investigation if we decide we cannot achieve the outcome someone wants. (Local Government Act 1974, section 24A(6), as amended)

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How I considered this complaint

5. I considered information provided by Miss X.
6. I considered the Ombudsman’s Assessment Code.
7. I considered Miss X’s comments on a draft version of this decision.

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My assessment

8. Miss X says the Council’s children services team has not properly assessed her family and in particular her parenting ability. She says its failed to support her properly. She says her children are living with their father. She would like them to return to her care.
9. Miss X has confirmed the Courts have been asked to decide the children’s care arrangements.
10. We cannot investigate the same issues the Court is considering. This means we cannot look at where the children should live or what contact Miss X should have with them. We also cannot investigate the Council’s views on Miss X’s parenting abilities. The Court will consider this, and it is reasonable to expect Miss X to tell the Court of her views on why the Council’s views are wrong.
11. We cannot investigate:
• The preparation, collation, and analysis of evidence, including reports written by social workers for court proceedings.
• The use of a report written previously, in later court proceedings.
• Evidence given by council officers in any proceedings.

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Final decision

12. We cannot investigate this complaint. This is because the Court is deciding her children’s care arrangements.

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Investigator's decision on behalf of the Ombudsman