Summary: We cannot investigate Miss X’s complaint because it lies outside our jurisdiction. This is because it is about matters that have been considered in court proceedings.

The complaint

1. The complainant, whom I shall call Miss X, complains about events in 2022 when there were care proceedings relating to her son. Miss X says the Council’s court report contained incorrect information; the court rushed the parental assessment and she did not have the opportunity to provide relevant information to the police about her husband’s actions at the time. Miss X would like the case to go back to court.

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The Ombudsman’s role and powers

2. 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 do not start an investigation if we decide the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)
3. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
4. 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

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

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My assessment

7. Miss X complained to the Council about its actions in relation to care proceedings for her son in 2022.
8. The Council told Miss X it could not consider her complaint. This is because it was about matters that have been considered in court. It signposted Miss X to this office.
9. We cannot consider this complaint because it lies outside our jurisdiction. The law says we cannot investigate complaints about matters that have been considered in court. Also, we cannot say the matter should go back to court. That is for the courts to decide.

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Final decision

10. We cannot investigate Miss X’s complaint. It lies outside our jurisdiction and the law says we cannot consider it. This is because it is about matters that have been considered in court.

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Investigator's decision on behalf of the Ombudsman