Summary: We will not investigate this complaint about the Council’s involvement in Ms X’s child’s case. The law prevents us investigating what happens as part of court proceedings, and we have no power to change the court’s decision.

The complaint

1. Ms X complained the Council failed to keep her child safe, placing them in their father’s care. She said the matter has caused distress as she has been prevented from seeing her child. She wanted contact reinstated, court dates moved forward and for the court to reconsider its decision.

Back to top

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)

Back to top

How I considered this complaint

3. I considered information provided by the complainant.
4. I considered the Ombudsman’s Assessment Code.

Back to top

My assessment

5. Ms X’s complaint is about the Council’s actions in connection to private court proceedings between her and her child’s father. The law prevents us from investigating what happened in court, which includes the content of the Council’s representations to the court.
6. It was the court, not the Council, that made a decision about the child’s residence and contact. Ms X indicates the courts are still involved. Ms X should raise all her concerns as part of that process. Neither the Ombudsman, nor the Council, have the power to change the court’s decision. Nor could we change the hearing dates.

Back to top

Investigator's decision on behalf of the Ombudsman