Summary: We cannot investigate this complaint about the Council’s actions concerning the care of Ms X’s children. The matters complained of are closely linked to matters subject to court action and we are legally prevented from investigating them.

The complaint

1. Ms X said the Council has failed to promote her contact with one of her children, not safeguarded her children from harm, and has forced her to interact with an abusive ex-partner despite a court order. She says it will not consider her complaint due to court proceedings.

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The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
3. 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)
4. We cannot investigate a complaint if someone has started court action about the matter. (Local Government Act 1974, section 26(6)(c), as amended)
5. We have the power to start or end an investigation into a complaint about actions the law allows us to investigate. We may decide not to start or continue with an investigation if we think the issues could reasonably be, or have been mentioned as part of the legal proceedings regarding a closely related matter. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended, section 34(B))
6. The law says we cannot normally investigate a complaint when someone could take the matter to court. However, we may decide to investigate if we consider it would be unreasonable to expect the person to go to court. (Local Government Act 1974, section 26(6)(c), as amended)

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How I considered this complaint

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

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My assessment

9. The legal bar referred to above is wide ranging and affects us permanently, even after the end of court proceedings. It is clear there are or have recently been court proceedings concerning the care of Ms X’s children. All the matters she has complained of to us are closely linked to matters that could reasonably be or have been raised during court proceedings. Any non-compliance with a court order would also be a matter for a court to decide.

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Final decision

10. We cannot investigate Ms X’s complaint because the matters she complains of are closely linked to matters that could reasonably be raised during court proceedings.

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Investigator's decision on behalf of the Ombudsman