Summary: We will not investigate this complaint about the Council’s assessment of child protection concerns. The matter is currently being considered by the courts.

The complaint

1. Miss X complained the Council did not follow the correct procedures for investigation of child protection concerns, leading to inaccurate information in the assessment considered by court. She says the Council is refusing to respond to her complaint. She says this will impact the court’s decision about her child’s best interests. Miss X says this has caused significant distress and her child’s views have not been considered. She wants the Council to carry out a new investigation.

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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)

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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. Miss X complains about the Council’s investigation of child protection concerns relating to her child, and the impact this will have on the court process.
7. The law prevents us considering complaints about matters that are considered in court. This includes the content of the Council’s assessment presented to the court. Miss X should raise her concerns about that assessment during the court process, for the court to take into account when reaching a decision.
8. After the court process has completed, it is open to Miss X to complain to the Council, then the Ombudsman if necessary, about any matters that are separable to the court proceedings.

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Final decision

9. We will not investigate Miss X’s complaint because it is about matters being considered by the courts.

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Investigator's decision on behalf of the Ombudsman