Summary: We cannot investigate Mrs X’s complaint about the Council's child protection involvement with her family because it lies outside our jurisdiction. The law prevents us from considering complaints about matters that are being, or have been, considered in court proceedings.

The complaint

1. The complainant, whom I shall call Mrs X, complains about the Council’s child protection involvement with her family. Mrs X says her children have been unlawfully removed from her care due to abuse of power by the parties involved. The matter is subject to ongoing care proceedings.

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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.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. Mrs X complained to the Council about its child protection involvement with her family which is subject to ongoing care proceedings.
8. The Council initially accepted Mrs X’s complaint, but later told her it could not consider it after it found there were ongoing care proceedings. It said the matters Mrs X raised in her complaint would be considered in the proceedings.
9. We cannot consider Mrs X’s complaint. Complaints about matters that are being, or have been, considered in court proceedings lie outside our jurisdiction and the law prevents us from considering them. We have no discretion to do so.

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Final decision

10. We cannot investigate Mrs 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