London Borough of Barnet (24 022 723)
Category : Children's care services > Child protection
Decision : Closed after initial enquiries
Decision date : 19 Jun 2025
The Ombudsman's final decision:
Summary: We will not investigate this complaint about care arrangements for Ms X’s child. The law prevents us from investigating anything that has been the subject of court proceedings. It would be reasonable for Ms X to return to court if she wishes to request changes to the care arrangements in place.
The complaint
- Miss Y is acting on Ms X’s behalf in this complaint. Miss Y complains the Council failed to fulfil its legal duties to help Ms X with her child. She says the Council has withheld information from Ms X about her child’s whereabouts and which school they attend. Miss Y wants the Council to help Ms Y with dismissing the fraudulent order obtained for her child to be placed with their father and for Ms Y to be reunited with her child.
The Ombudsman’s role and powers
- 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))
- 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)
How I considered this complaint
- I considered information provided by the complainant and the Ombudsman’s Assessment Code.
Final decision
- We will not investigate Miss X’s complaint because the issues about her child have been the subject of court proceedings. The law prevents us from investigating anything that has happened in court. This includes any involvement of the Council in those proceedings. We have no power to intervene or make decisions in place of the court. Ms Y would need to return to court if she wishes to challenge the decision to place her child with their father or any other matters of dispute.
Investigator's decision on behalf of the Ombudsman