Summary: We will not investigate this complaint about how the Council’s children’s services carried out an assessment of a child’s care needs. This is because court proceedings have commenced to consider the child’s care.

The complaint

1. The complaint, who I will call Miss X, complains about how the Council assessed the care needs of her unborn child. Miss X also complains that her views were not included in the assessment which also contained inaccuracies.

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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)
4. The Courts have said that we cannot investigate a complaint about any action by a council, concerning a matter which is itself out of our jurisdiction. (R (on the application of M) v Commissioner for Local Administration [2006] EHWCC 2847 (Admin))

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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. I cannot investigate Miss X’s complaint. This is because it surrounds the care of her child and court proceedings have recently commenced to consider that matter. This places the complaint outside of our jurisdiction. The courts will consider the care arrangements of Miss X’s child and the Council will provide information to the courts about its involvement with Miss X and her family, which will include its assessment of Miss X’s child’s care needs.

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Final decision

8. We will not investigate Miss X’s complaint because the matter is subject to court proceedings.

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Investigator's decision on behalf of the Ombudsman