Summary: We cannot investigate Miss X’s complaint about the Council’s actions in its child protection involvement with her child because it lies outside our jurisdiction. The law prevents us from investigating complaints about matters that have been considered in court proceedings. We have no discretion to do so.

The complaint

1. The complainant, Miss X, complains about the Council’s child protection actions in relation to her child. Miss X says the Council’s involvement was unnecessary and unwanted. She says the Council lied and provided false information to the court. As a result, her child has been removed from her care and placed with her father who she says is a known risk.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse effect 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 an investigation if we decide the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)
3. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
4. 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

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

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My assessment

7. We cannot investigate Miss X’s complaint because it lies outside our jurisdiction. The law prevents us from investigating complaints about matters that have been subject to court proceedings. We have no discretion to do so. This restriction also applies to evidence and reports which have been produced and submitted to the court during proceedings.
8. Any dissatisfaction with the court’s decision would need to be returned to the court. We cannot consider, question or change the court’s decisions.

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Final decision

9. We cannot investigate Miss X’s complaint because it lies outside our jurisdiction and we have no discretion to consider it.

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Investigator's decision on behalf of the Ombudsman