Summary: We cannot investigate this complaint about how the Council assessed the complainant’s parenting skills. This is because the assessment has been considered in court.

The complaint

1. Mrs X complains on behalf of her daughter, Miss Z, about how the Council carried out an assessment of Miss Z’s parenting skills. Mrs X says the assessment was inadequate and led to Miss Z’s child being removed from her care. Mrs X wants the Council to carry out a new assessment.

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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. I cannot investigate Mrs X’s complaint because the Council’s assessment of Miss Z’s parenting skills was considered as part of court proceedings to determine the care of her children. The law prevents us from investigate matters that have formed part of court proceedings. We therefore have no power to investigate the complaint or recommend the Council carries out a new assessment of Miss Z’s parenting skills.

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Final decision

7. We will not investigate Mrs X’s complaint because the matter has been considered in court.

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Investigator's decision on behalf of the Ombudsman