Summary: We cannot investigate Miss X’s complaint about the Council’s handling of her children’s cases in its child protection involvement with her family because it lies outside our jurisdiction. The law prevents us from considering complaints about matters that have been subject to court proceedings. We have no discretion to do so.

The complaint

1. Miss X complains about the Council’s decision not to investigate her complaint about its handling of her children’s cases. Miss X says her complaint relates to the Council’s actions prior to the commencement of the court proceedings. Miss X says a social worker admitted a pre-birth assessment was based on unfounded, malicious allegations and the Council’s flawed actions led to removal decisions which have caused long term harm.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse effect 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 an investigation if we decide the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)
3. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
4. 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)

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How I considered this complaint

5. I considered information provided by the complainant.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. Miss X complained to the Council about its handling of her children’s cases prior to the commencement of court proceedings on the matter.
8. The Council told Miss X it could not consider her complaint via its complaints procedure because it is about matters that have been considered in court proceedings. It said it was reasonable to expect Miss X to have raised these matters during the course of the court proceedings. It advised Miss X to seek legal advice.
9. We cannot investigate Miss X’s complaint because it lies outside our jurisdiction. The law prevents us from investigating complaints about matters that have been considered in court proceedings, or which could have been raised during the course of the court proceedings. We have no discretion to do so.
10. The issues Miss X raises in her complaint are not clearly separable from the proceedings and so we cannot consider it. Whilst I note Miss X complains about the Council’s actions before the proceedings commenced, the Council’s actions and the evidence provided to the court have been considered during the proceedings and an outcome reached. Any dissatisfaction with the Council’s actions or evidence relied upon should have been raised via Miss X’s legal representative during the proceedings so that the judge could consider it before the case concluded. The restriction on considering matters that have been considered in court also means we cannot consider complaints about evidence the Council provided to the court during proceedings.

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Final decision

11. We cannot investigate Miss X’s complaint because it lies outside our jurisdiction and the law says we have no discretion to consider it.

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Investigator's decision on behalf of the Ombudsman