Summary: We cannot investigate Miss X’s complaint about the Council’s actions in its child protection involvement with her family because it lies outside our jurisdiction. The law prevents us from investigating complaints about matters that are being 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 and decisions in its involvement with her family. Miss X says a child protection plan was put in place on the basis of false information and she has been treated unfairly by social workers. She says the Council has not supported her or kept her updated and has called her a liar. The case is now subject to ongoing court 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 and the Council.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. Miss X complained to the Council about the matters set out in paragraph 1, above.
8. The Council told Miss X it will not consider her complaint via its complaints procedure because the matter is now subject to ongoing court proceedings. It explained it had reached its decision in line with the relevant statutory guidance which gives it discretion to decide not to investigate a complaint where to do so could prejudice ongoing proceedings. It advised Miss X to raise her concerns during the proceedings.
9. We cannot investigate Miss X’s complaint because it lies outside our jurisdiction. This is because the matters complained about are subject to ongoing court proceedings. The law prevents us from investigating complaints that are being, or have been, considered in court proceedings. We have no discretion to do so. Any dissatisfaction with the Council’s actions on the case should be raised to the court during the proceedings so that the judge can consider them before making a decision.

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Final decision

10. We will not investigate Miss X’s complaint because it lies outside our jurisdiction and the law says we cannot consider it.

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Investigator's decision on behalf of the Ombudsman