Summary: We will not investigate this complaint about the Council’s alleged failure to carry out a parental assessment for Miss X’s ex-partner or to appropriately safeguard her child Y. This is because the complaint concerns matters which took place during court and are therefore outside our jurisdiction. Further, an investigation would be unlikely to result in finding of fault.

The complaint

1. Miss X made several complaints about the Council’s involvement with her and her family including an alleged failure on the Council’s part to carry out a parental assessment and to appropriately safeguard her child Y.
2. Miss X said this matter has caused her and her family distress.

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The Ombudsman’s role and powers

3. We have the power to start or end an investigation into a complaint about actions the law allows us to investigate. We may decide not to start or continue with an investigation if we think the issues could reasonably be, or have been mentioned as part of the legal proceedings regarding a closely related matter. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended, section 34(B))
4. We investigate 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 continue an investigation if we decide:

• there is not enough evidence of fault to justify investigating.

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

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How I considered this complaint

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

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My assessment

7. Miss X made several complaints to the Council about a parenting assessment it carried out which she says contained false information about her ex-partner. She also made complaints regarding her ex-partner’s contact arrangements with her child Y and abuse Y is allegedly suffering.
8. The Council explained to Miss X that the parenting assessment was submitted to court as part of Y’s care arrangements, and it was open to Miss X to raise any concerns she had about the assessment during court proceedings. The Council considered Miss X’s statements regarding abuse and told Miss X it had found no evidence to support these statements. Regarding contact with Y, the Council advised Miss X to seek legal counsel as it was not responsible for Y’s custody arrangements.
9. Miss X remains unhappy with the situation and wants us to find the Council at fault. Many of the complaint points she has brought to us relate to matters that took place at court and it would have been reasonable for Miss X to raise these issues during proceedings or to seek legal advice. The Ombudsman does not have discretion to investigate matters which took place during court.
10. Further, the matters Miss X has raised which do not concern court proceedings have been previously considered by the Council and it has decided there is no cause for concern. There is no evidence the Council has acted with fault, so it is unlikely an investigation would result in a finding of fault.

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Final decision

11. We will not investigate Miss X’s complaint because the complaint concerns matters which took place during court and are therefore outside our jurisdiction. Further, an investigation would be unlikely to result in finding of fault.

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Investigator's decision on behalf of the Ombudsman