Summary: We will not investigate Mrs X’s complaint about an incident which led to her being arrested. This is because an investigation by this office could not add to the response the Council has already provided via its own investigation of the matter. Also, we cannot investigate the police’s or the school’s actions in relation to the incident.

The complaint

1. The complainant, Mrs X, complains about an incident earlier this year which led to her being arrested and her son removed from her care after her son told his school that she had physically harmed him.

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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. We do not start an investigation if we decide we could not add to any previous investigation by the organisation. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
4. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
5. We cannot investigate a complaint if it is about action taken by or on behalf of any local policing body in connection with the investigation or prevention of crime. (Local Government Act 1974, Schedule 5, Section 26, paragraph 2 as amended)
6. We cannot investigate most complaints about what happens in schools. (Local Government Act 1974, Schedule 5, paragraph 5(2), as amended)

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How I considered this complaint

7. I considered information provided by the complainant.
8. I considered the Ombudsman’s Assessment Code.

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My assessment

9. Mrs X complained to the Council about an incident earlier this year which led to her arrest after her son reported to his school that she had physically harmed him.
10. Mrs X seeks an investigation into the circumstances that led the school to report the matter to the police and the Council and her son being removed from her care.
11. We cannot consider the school’s or the police’s actions and decisions in relation to this incident. We have no power to investigate complaints about the internal management of schools and the law prevents us from investigating action taken by or on behalf of a police authority in connection with the investigation or prevention of crime. We can only consider the Council’s actions.
12. In its complaint response, the Council explained that it was not involved in the police’s decision to arrest her nor was it involved in deciding the bail conditions. It was not informed of these decisions in advance. It explained it did not make a decision to remove her son from her care, but that it had to act in line with the bail conditions. The bail conditions meant Mrs X’s son could not remain in the family home and so it needed to make arrangements for him to stay elsewhere, with a family friend.
13. We will not investigate Mrs X’s complaint. This is because it is unlikely a further investigation by this office could add significantly if at all to the response the Council has already provided via its own investigation of the matter. As set out above, we cannot consider the police’s or the school’s actions and decisions in relation to this incident and this is central to Mrs X’s complaint.

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Final decision

14. We will not investigate Mrs X’s complaint. This is because we could not add to the response the Council has already provided to Mrs X via its own previous investigation of the matter.

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Investigator's decision on behalf of the Ombudsman