Summary: We will not investigate Ms X’s complaint about the Council’s involvement with her child. The law prevents us from investigating anything that has been the subject of court proceedings or could have reasonably been raised in court. We cannot achieve the outcome Ms X wants.

The complaint

1. Ms X complains about the Council’s action to remove her child from her care. She says her child’s current carer is neglecting their needs. She wants her child returned to her care.

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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))
4. We provide a free service but must use public money carefully. We do not start or continue an investigation if we decide we cannot achieve the outcome someone wants. (Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

5. I considered information provided by the complainant.

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My assessment

6. The Council has explained why it does not believe it would be in her child’s best interests to allocate their case to another Social Worker. This is a decision the Council is entitled to make. The Council has also explained legal care arrangements for Ms X’s child are matters for the court to consider.
7. There is nothing more we could add to the Council’s response. The law prevents us from becoming involved in matters that are or have been the subject of court proceedings. It would be for Ms X to raise any concerns she has about her child’s current care arrangements or any information the Council had provided to the courts in that forum. We have no power to intervene or make decisions in place of the court. Only the court can decide what is in the child’s best interests and on any matters of dispute.

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Final decision

8. We will not investigate Ms X’s complaint because the law prevents us from investigating anything that has been the subject of court proceedings. We also cannot achieve the outcome the complainant wants.

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Investigator's decision on behalf of the Ombudsman