Blackpool Borough Council (24 023 163)
Category : Children's care services > Child protection
Decision : Closed after initial enquiries
Decision date : 24 Jun 2025
The Ombudsman's final decision:
Summary: We cannot investigate this complaint about how a Council has exercised its safeguarding duties. The law says we cannot investigate a complaint about the start of court action or what happened in court.
The complaint
- Ms X complained the Council has not safeguarded a child (Y) she used to care for, and did not consider the views of other people when care planning for them.
- Ms X also says the Council is not sharing suitable amounts of information with her about Y.
The Ombudsman’s role and powers
- The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
- 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)
- The courts have said we can decide not to investigate a complaint about any action by an organisation concerning a matter which the law says we cannot investigate. (R (on the application of M) v Commissioner for Local Administration [2006] EHWCC 2847 (Admin))
How I considered this complaint
- I considered information provided by Ms X and the Council.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Until 2023, Ms X was a special guardian for Y. After this, Ms X complained the Council has not properly safeguarded Y when care planning and has not considered the views of other people in their life.
- Ms X also says the Council is not sharing suitable amounts of information with her about Y.
- The court has made an Interim Care Order in respect of Y. This order is made before the final hearing when the Council has applied to the court. All the evidence is then put before the Judge and a final decision is made about the child’s future.
- Because the matters are linked to court proceedings, we cannot investigate Ms X’s complaint.
- We cannot investigate the substantive matter of Ms X’s complaint and therefore cannot consider how the Council responded to Ms X about these matters.
Final decision
- We cannot investigate Ms X’s complaint because the law says we cannot investigate a complaint about the start of court action or what happened in court.
Investigator's decision on behalf of the Ombudsman