Summary: We cannot investigate this complaint about the actions of the Council connected to its assessment of Miss X’s parenting and arrangements for the care of her child. This is because the complaint does not meet the tests in our Assessment Code on how we decide which complaints to investigate.

The complaint

1. Miss X said the Council wrongly refused to investigate her complaint. Her complaint to the Council was that:
1. It falsely claimed she had made a telephone call to it in about her father being involved in a scuffle when she had not made such a call;
2. It falsely said she lied about having Covid-19 in late 2021 when the Council was using the Public Law Outline and was thinking of court proceedings about her child’s care ;
3. It refused to let her move to a flat in late 2021, but moved her to foster care in early 2022 instead and supervised her parenting;
4. The foster placement had dogs and she had previously asked not to be placed where there were dogs as her child had previously been bitten by a dog;
5. The social worker went back on a promise not to regard a matter as neglect when she got into court; and
6. Wrongly forcing her to move her child when he had impetigo.

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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 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)
4. 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))
    

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How I considered this complaint

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

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Final decision

7. We cannot investigate Miss X’s complaint because there have been court proceedings, and a legal bar prevents us investigating matters that have been or could reasonably have been raised in court. The points above are not separable from the issue of Miss X’s parenting and care of her child, which has been the subject of court proceedings.
8. We cannot investigate how the Council has dealt with Miss X’s complaint as the substantive matters complained are not ones we can investigate due to the legal bar referred to above.

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Investigator's decision on behalf of the Ombudsman