Summary: We will not investigate Miss X’s complaint about the Council’s involvement with her children. We could not add to the complaint responses the Council has already sent to Miss X. The law also prevents us from investigating anything that is the subject of court proceedings.

The complaint

1. Miss X complains about the Council accepting anonymous and malicious safeguarding referrals about her children. She says the Council refused to accept evidence which disproves the allegations against her. She want the Council to stop its action and for her children to be returned to her care.

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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 about the start of court action or what happened in court. (Local Government Act 1974, Schedule 5/5A, paragraph 1/3, 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. The Council responded to Miss X’s complaints in 2024 under both stages of its corporate complaint procedure. It explained it would record her comments and objections to the content of the report it compiled for the Initial Child Protection Conference (ICPC) for her children. The Council told Miss X it would not remove or change information in the report which was the professional opinion of others involved in the ICPC. The Council also provided Miss X with information about how she could challenge the handling and outcome of the ICPC with the conference chair.
8. Miss X has since made a further complaint to the Council in 2025. It has now explained that it cannot consider this complaint due to ongoing court proceedings about Miss X’s children.
9. We will not investigate because there is nothing more we could meaningfully add to the Council’s complaint responses to Miss X. Miss X believes the reports for her children contact false information. The most we would wish to see is that a record of her dissenting views is added to the Council’s records, which it has confirmed it has done.
10. The law prevents us from becoming involved in matters that are or have been the subject of court proceedings. Any concerns about the Council or the court proceedings should be raised with the court directly or through 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 a child’s best interest and on any matters of dispute.

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Final decision

11. We will not investigate Miss X’s complaint because we could not add to the Council’s responses by investigating further. The law also prevents us from investigating anything that is the subject of court proceedings.

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Investigator's decision on behalf of the Ombudsman