Summary: We cannot investigate this complaint about an assessment by the Council. The matters complained of are not separable from matters that were or could reasonably have been raised in court.

The complaint

1. Ms X said an initial assessment by the Council was not based on evidence and made her child subject to a child protection plan. She said this led to the child being unable to see her for 10 months. She said it was only after she took matters to the family court that it was found that the issue was parental alienation by her ex-partner.

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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)
4. 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)

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How I considered this complaint

5. I considered information provided by the complainantl.
6. I considered the Ombudsman’s Assessment Code.

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Final decision

7. We cannot investigate Ms X’s complaint because the matters complained of are not separable from matters that either were or could reasonably have been raised in court.

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Investigator's decision on behalf of the Ombudsman