Summary: We will not investigate this complaint about the Council’s involvement with the complainant’s child. This is because much of the complaint concerns matters subject to court proceedings. There is insufficient evidence of fault with how the Council has dealt with other matters.

The complaint

1. The complainant, who I will call Miss X, complains about the actions of the Council’s children’s services in relation to her child. Miss X says the Council included inaccurate information in assessments, failed to provide her and her daughter with financial support and failed to provide information she requested.

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The Ombudsman’s role and powers

2. The Ombudsman investigates 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 may decide not to continue with an investigation if we decide there is not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6))
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)

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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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My assessment

6. The Council became involved with Miss X and her daughter in early 2022, after it received a safeguarding referral. The Council completed assessments in which it raised concerns about the care of Miss X’s daughter. It subsequently commenced care proceedings.
7. I cannot investigate how the Council carried out its social care assessment after receiving the safeguarding referral about Miss X’s daughter, or the contents of that assessment. This is because this information has been considered as part of the care proceedings commenced by the Council. The law does not allow us to consider any matters that have been subject to court proceedings.
8. I will not investigate the other issues raised by Miss X in her complaint to the Council. This is because there is insufficient evidence of fault. The Council made a referral to another department to ensure Miss X was receiving the financial support she needed but she declined this service. In responding to her complaint, the Council said it had sent Miss X copies of its assessment and asked what other information she wanted but Miss X did not respond.

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Final decision

9. We will not investigate Miss X’s complaint because much of the complaint has been subject to court proceedings and there is insufficient evidence of fault in regards to other matters.

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Investigator's decision on behalf of the Ombudsman