Summary: We will not investigate this complaint about the Council’s involvement in Miss X’s children’s case. The matter is currently being considered in private law proceedings. It is open to Miss X to complain after those proceedings have finished.

The complaint

1. Miss X complained about the Council’s actions which she says resulted in her children living with their other parent. She says there has been escalation of the children’s difficulties and violence in the family home due to this, and the family relationships and Miss X’s finances have suffered as a result. Miss X says the matter has caused her significant distress and she wants the Council to accept wrongdoing and resolve the situation.

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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. The Ombudsman investigates complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact 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 or may decide not to continue with an investigation if we decide:

• there is not enough evidence of fault to justify investigating, or
• any fault has not caused injustice to the person who complained, or
• any injustice is not significant enough to justify our involvement, or
• we cannot achieve the outcome someone wants, or
• there is another body better placed to consider this complaint.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

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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 complained to the Council about its involvement in her children’s case. Her concerns included bullying and victimisation, lack of support, lack of communication and delays.
7. The Council told Miss X it could not consider her complaint because the matter is currently subject to private court proceedings.
8. The Ombudsman cannot consider what happens in court, so we cannot consider the Council’s actions in relation to the proceedings or its representations to court. There may be other matters that are separable to the proceedings, but we cannot say at this time whether there are elements of Miss X’s complaint that would fall within our jurisdiction. We also could not come to sound conclusions while proceedings are ongoing.
9. The Ombudsman cannot influence the court’s decision, nor can we make decisions about the children’s residence and contact. After proceedings have completed, it is open to Miss X to complain to the Council and then, if necessary, to the Ombudsman. We can then consider whether any elements of her complaint are sufficiently separable from the matters considered in court.

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Final decision

10. We will not investigate Miss X’s complaint because it is about matters that are currently being considered in court.

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Investigator's decision on behalf of the Ombudsman