Summary: We will not investigate this complaint about child protection measures. The Council has begun pre-proceedings with the aim of commencing court proceedings when Miss X’s child is born. Considering the complaint now would prejudice those proceedings.

The complaint

1. Miss X complained about her unborn child’s social worker lying during the child protection process and breaching her human rights. She says the Council has refused to consider her complaint as it intends to begin court proceedings when her child is born. She says events have caused distress for the family and she wants a thorough investigation. She also wants to be allowed to make her own medical choices for her child without fear of being accused of neglect.

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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 investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse effect on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We may decide not to start an investigation if the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)

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How I considered this complaint

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

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My assessment

6. The Council is involved in Miss X’s case, in relation to her unborn child. It has started pre-proceedings with the intention of commencing court action when the child is born. We cannot investigate matters that are before the courts. While court action has not yet started, our involvement would be prevented when it does inevitably commence. It is not a good use of public resources to start an investigation which may not be completed before court proceedings begin.
7. The Council refused to consider Miss X’s complaint at this time because doing so would prejudice court proceedings. We also will not investigate a complaint at this time for the same reason. Miss X should raise her concerns via her solicitor as part of the legal process. After proceedings have completed, it is open to Miss X to complain to the Council and then the Ombudsman, at which time we will consider whether any elements of her complaint are separable to those proceedings.

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Final decision

8. We will not investigate Miss X’s complaint because doing so would prejudice the court proceedings which will soon begin.

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Investigator's decision on behalf of the Ombudsman