Summary: We will not investigate Ms X’s complaints about the Council’s involvement with her child, including the content of court reports. The law prevents us from investigating anything that could be reasonably raised in court proceedings.

The complaint

1. Ms X complains about the way in which the Council has deal with child protection concerns about her child. She has complained about health and safety issues at premises used for her child contact visits. She has also complained about information the Council has recorded and submitted in family court proceedings about her child. She wants the Council to amend its court reports and improve its procedures around health and safety.

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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 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

4. I considered information provided by the complainant and the Ombudsman’s Assessment Code.

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My assessment

5. We have previously considered complaints from Ms X about this Council’s involvement with her family. We have explained the law prevents us from becoming involved in matters that are or have been the subject of court proceedings. It would be for Ms X to raise any concerns about any information or reports the Council has prepared for the court in that forum. 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.
6. We also have no jurisdiction to consider health and safety issues with any premises the Council uses for contact visits. Ms X may wish to approach the Council’s Environmental Health Team or the Health and Safety Executive if she has concerns about premises used by the Council.

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Final decision

7. We will not investigate Ms X’s complaint because the issues raised fall outside our jurisdiction and it would be reasonable for the complainant to raise some of her concerns with the court.

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Investigator's decision on behalf of the Ombudsman