Summary: We cannot investigate this complaint about the Council starting a court process to prevent the investigation of its actions. This is because the complaint does not meet the tests in our Assessment Code on how we decide which complaints to investigate. The start of court action means we cannot investigate.

The complaint

1. Ms X said child protection plans written by the Council are inaccurate. She said the Council lied, and that it would not allow her family to record meetings. She said the Council had pursued the route of a court supervision order to make the complaint stop.

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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 cannot investigate a complaint if someone has started court action about the matter. (Local Government Act 1974, section 26(6)(c), as amended)

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How I considered this complaint

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

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Final decision

6. We cannot investigate Ms X’s complaint because the Council has approached a court and a hearing date is due. This approach to a court constitutes the onset of court action. None of the matters complained of is separable from the matters that are or could be brought before the court.

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Investigator's decision on behalf of the Ombudsman