Summary: We cannot investigate this complaint about the actions of the Council’s children’s services. This is because the complaint concerns the Council’s involvement in court proceedings which places the complaint outside of our jurisdiction.

The complaint

1. Miss X complains about the Council’s involvement in family court proceedings concerning the care arrangements of her child. Miss X would like the Council to pay her compensation.

Back to top

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)

Back to top

How I considered this complaint

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

Back to top

My assessment

6. The care arrangements for Miss X’s child are subject to private court proceedings. Miss X complains about the Council’s involvement those proceedings and is seeking compensation of £500,000.
7. We cannot investigate Miss X’s complaint because the law does not allow us to investigate the actions of a council when it concerns court proceedings. We have no powers to investigate the actions of the court or what it has ordered. Nor can we investigate the actions of solicitors involved in the case.

Back to top

Final decision

8. We will not investigate Miss X’s complaint because it concerns the Council’s involvement in court proceedings.

Back to top

Investigator's decision on behalf of the Ombudsman