Summary: We will not investigate Mrs X’s complaint about the Council’s involvement with her family. The law prevents us from investigating anything that has or is the subject of court proceedings.

The complaint

1. Mrs X complains about the way the Council dealt with safeguarding concerns involving her children. She believes the Council failed to properly consider the evidence available or consider the significant impact and distress caused by its intervention. She wants the Council to ensure it takes account of her and her family’s wishes and feelings going forward.

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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 councils and certain other bodies. We cannot investigate the actions of bodies such as the police. (Local Government Act 1974, sections 25 and 34(1), as amended)

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How I considered this complaint

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

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My assessment

7. Mrs X complains about the Council’s involvement with her family since 2022 following a safeguarding referral. The Council has explained it cannot consider Mrs X’s complaints under its corporate or statutory complaint procedures as the issues have been the subject of court proceedings. The Council also confirmed that it could not investigate any concerns Mrs X may have about the police.
8. We will also not investigate Mrs X’s complaint because the issues have been the subject of court proceedings. The law prevents us from investigating anything that has happened in court. This includes any involvement of the Council in those 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. Mrs X would need to return to court if she wishes to challenge the court’s decision in respect of her children or has any other matters of dispute.

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Final decision

9. We will not investigate Mrs X’s complaint because the law prevents us from investigating anything that has been the subject of court proceedings.

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Investigator's decision on behalf of the Ombudsman