Summary: We cannot investigate this complaint about the child protection actions of the Council. The matters complained could reasonably have been mentioned during court action about the care of Miss X’s children.

The complaint

1. Miss X said the Council removed her children based on false allegations. She said it refused to change a social worker and failed to let her produce evidence before starting legal proceedings.

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The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
3. We cannot investigate a complaint if someone has started court action about the matter. (Local Government Act 1974, section 26(6)(c), as amended)
4. 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))

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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. Both parties have confirmed there was court action, which was clearly about the care of Miss X’s children. The Council told us the children remain in its care after a court order. The matters complained of could reasonably have been mentioned during court proceedings about the care of the children.

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Final decision

8. We cannot investigate Miss X’s complaint because the matters complained of could reasonably have been mentioned during court proceedings about the care of her children.

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Investigator's decision on behalf of the Ombudsman