Summary: We cannot investigate Ms X’s complaint about evidence and reports provided to and considered by the court in proceedings relating to her grandchild because it lies outside our jurisdiction. The law prevents us from investigating complaints about matters that have been considered in court. We have no discretion to do so.

The complaint

1. Ms X complains about reports the Council completed in relation to her grandchild which have been considered by the court in recent proceedings. Ms X says there were misunderstandings and missed opportunities in the social worker’s first report and these became apparent in the second report for the court. Ms X also complains she was not given the opportunity to present her side of the story.

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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. Ms X complained to the Council about the matters set out above.
8. The Council explained to Ms X that it cannot consider complaints about matters that have been considered in court proceedings via its complaints procedure. Also, because Ms X does not have parental responsibility for her grandchild it found she does not have sufficient interest to raise the complaint and so it would not consider it.
9. We will not investigate Ms X’s complaint because it lies outside our jurisdiction. This is because it is about matters that have been subject to court proceedings. The law says we cannot consider complaints about such matters. We have no discretion to do so. This restriction also means we cannot consider complaints about the preparation of evidence and reports for court proceedings or about previously written reports which are considered in court.
10. The restriction the Council sets out in not accepting the complaint from Ms X because she does not have parental responsibility for the child involved would also apply to any investigation by this office. If it was about a matter we had any discretion to consider we would have required the written consent of a person with parental responsibility for the child involved before we could investigate.

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Final decision

11. We cannot investigate Ms X’s complaint because it lies outside our jurisdiction and we have no discretion to consider it.

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Investigator's decision on behalf of the Ombudsman