Summary: We cannot investigate this complaint about the Council’s child protection investigation in relation to the complainant’s child, as well as its decision to initiate care proceedings in court. This is because we have no legal jurisdiction to investigate a complaint where the issues raised are subject to court proceedings.

The complaint

1. The complainant (Ms Z) complains about the Council’s child protection investigation in relation to her child, as well as its decision to initiate care proceedings in court. She says allegations made to the Council about the care of her child are untrue and there is no evidence to substantiate these. Ms Z says the Council’s involvement with her family is unjustified and is a significant cause of distress, anxiety and uncertainty. As a desired outcome, she wants the Council to cease its involvement and legal proceedings it has initiated.

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The Ombudsman’s role and powers

2. 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

3. I considered information provided by the complainant and the Council. I also considered the Ombudsman’s Assessment Code.

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My assessment

4. By law, we cannot investigate a complaint where the issues raised are subject to court proceedings. The complaint concerns child protection allegations which the Council has confirmed are subject to court action. We have no legal jurisdiction to investigate in these circumstances and paragraph two (above) applies.

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Final decision

5. We cannot by law investigate this complaint. This is because the issues raised are subject to court proceedings.

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Investigator's decision on behalf of the Ombudsman