Summary: We cannot investigate this complaint about the Council’s actions in deciding which parent was best placed to care for Mrs X’s children and how it responded to her complaint. This is because the matters complained of are not separable from matters that were or could reasonably have been raised in court. Ms X retains a right to go to court it would be reasonable to use.

The complaint

1. Ms X said the Council transferred the custody of a child into the care of an alcoholic parent who was the cause of safeguarding referrals. She said it made errors, lacked diligence, and ignored abuse and addiction. She said it fabricated assessments to blame her. Ms X said the Council used its behaviour policy to threaten and silence her, and refused to investigate ongoing complaints, saying they were repetitions. She said it accused her of being vexatious.

Back to top

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. We cannot investigate a complaint if someone has started court action about the matter. (Local Government Act 1974, section 26(6)(c), as amended)
5. 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)
6. The law says we cannot normally investigate a complaint when someone could take the matter to court. However, we may decide to investigate if we consider it would be unreasonable to expect the person to go to court. (Local Government Act 1974, section 26(6)(c), as amended)
7. 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))
    

Back to top

How I considered this complaint

8. I considered information provided by the complainant the Council.
9. I considered the Ombudsman’s Assessment Code.

Back to top

Final decision

10. We will not investigate Ms X’s complaint because:

• The matters complained of are not separable from matters that have formed part of court action, and we cannot investigate them; or
• Are not separable from matters that could reasonably have been raised in court; and/or
• Ms X has a right to go to court to seek variance of custody arrangements it would be reasonable to use; and
• We cannot investigate a complaint about the Council’s complaint handling and its treatment of Ms X as a complainant as the substantive matter is out of our jurisdiction.

Back to top

Investigator's decision on behalf of the Ombudsman