Summary: We cannot investigate this complaint about the Council’s child protection involvement with Mrs X’s family between 2007 and 2015. The complaint lies outside our jurisdiction because it is about matters that have been subject to court proceedings. Such matters lie outside our jurisdiction and the law prevents us from considering them. We cannot do so.

The complaint

1. The complainant, whom I shall call Mrs X, complains about matters relating to the Council’s child protection involvement with her family between 2007 and 2015. Mrs X says the Council ignored her concerns about how her children were being cared for by their father and professionals did not believe her when she reported they were suffering domestic abuse.

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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)
5. We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council has done. (Local Government Act 1974, sections 26B and 34D, as amended)

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How I considered this complaint

6. I considered information provided by the complainant.
7. I considered the Ombudsman’s Assessment Code.

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My assessment

8. The Council had child protection involvement with Mrs X’s family between 2007 and 2015. There were court proceedings relating to this throughout this timeframe. The courts awarded Mrs X custody of her children in late 2016.
9. Mrs X provided a copy of a court transcript from 2017 which she says sets out her complaint. In this, the judge noted Mrs X was raising concerns to the Council at the time and was not listened to.

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Final decision

10. We cannot investigate Mrs X’s complaint because it is made in relation to matters that have been considered and decided in court proceedings. Such matters lie outside our jurisdiction and the law prevents us from considering them. We have no discretion to do so.
11. The complaint also lies outside our jurisdiction because it is late. The law requires a complaint to be made to us within 12 months of the person affected first become aware of the matter. However, due to the restriction set out in paragraph 9, we would not have been able to consider this complaint even if it had been made in time.

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Investigator's decision on behalf of the Ombudsman