Summary: We will not investigate this complaint about an assessment completed by the Council to consider the contact arrangements between the complainant and her child. This is because the assessment now forms part of court proceedings which places it outside of our jurisdiction.

The complaint

1. Miss X complains about how the Council carried out an assessment of the contact arrangements between her and her son. She complains about how the Council carried out the assessment, about the contents and outcome of the assessment and about how the assessment was shared with her.

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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 and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Miss X’s child is subject to a care order and lives with their father and Miss X has supervised contact. The Council carried out a contact assessment which considered the contact arrangements between Miss X and her child.
7. Miss X complained to the Council about matters relating to the assessment including how and why the assessment was carried out, the contents and outcome of the assessment a failure to share the assessment with Miss X and obtain her views. The Council considered the complaint under the statutory children’s complaints procedure although Miss X says not all of her complaint points were addressed.
8. I cannot investigate Miss X’s complaint. This is because proceedings to consider the contact and care arrangements have commenced in court and the assessment subject to this complaint will be considered as part of those proceedings, so we are unable to investigate matters concerning the contents of the assessment. We are also unable to investigate how and why the Council carried out the assessment or how it was shared with Miss X. This is because these matters are not separable from the assessment itself.

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Final decision

9. We will not investigate Miss X’s complaint because the matter now forms part of court proceedings.

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Investigator's decision on behalf of the Ombudsman