Summary: We will not investigate this complaint about the Council’s decision to initiate child protection proceedings. This is because the Council started family court proceedings and it is reasonable for Miss X to raise her concerns with the court. Therefore, there is no worthwhile outcome achievable by our investigation.

The complaint

1. Miss X complained about the Council’s decision to place her children on a child protection plan. She said the family assessment was based on false information and social workers harassed her family. She also complained the Council had started court proceedings. She wants social services involvement with her family to stop.

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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))
5. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We do not start or continue an investigation if we decide there is no worthwhile outcome achievable by our investigation. (Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

6. I considered information provided by the complainant and the Council.
7. I considered the Ombudsman’s Assessment Code.

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My assessment

8. Miss X complained the Council initiated safeguarding proceedings following her child’s medical appointment.
9. We will not investigate this complaint. There is nothing worthwhile to be achieved by us looking at the Council’s decision to take child protection action, as the safeguarding matters and decision making is now with the court.
10. It is reasonable for Miss X to raise any concerns with the court. We then have no jurisdiction to consider matters once they form court proceedings.

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Final decision

11. We will not investigate Miss X’s complaint because there is no worthwhile outcome achievable by our investigation.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman