Summary: We will not investigate Miss X’s complaint about the Council’s involvement with her children. The law prevents us from investigating anything that is the subject of court proceedings. We also cannot achieve the outcome Miss X wants.

The complaint

1. Miss X complains the Council has failed to follow legal guidelines when dealing with safeguarding matters involving her children. She wants the Council to end its involvement with her family and pay for therapy (for her and her child).

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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)
3. 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 in a closely related matter. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended, section 34(B))

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How I considered this complaint

4. I considered information provided by the complainant and the Council.

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Final decision

5. We will not investigate Miss X’s complaint because the issues about her children are the subject of ongoing court proceedings. The law prevents us from investigating what happens in court. This includes the content of any information or reports the Council produces for the court and its related action. Miss X should raise any concerns she has about the Council with the court directly or through her legal representative(s). We have no power to intervene or make decisions in place of the court. Only the court can decide what is in the children’s best interests and any matters of dispute.

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Investigator's decision on behalf of the Ombudsman