Summary: We cannot investigate Miss X’s complaint about matters related to the care arrangements of her child. This is because it concerns matters that have formed part of court proceedings.

The complaint

1. Miss X complains about her time in a mother and baby unit. She says that assessments produced while she was at the unit are being used to remove her child from her care.

Back to top

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)

Back to top

How I considered this complaint

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

Back to top

My assessment

6. I cannot investigate Miss X’s complaint. Court proceedings have commenced to determine the care arrangements for Miss X’s child. We cannot investigate anything linked to proceedings, including any information the Council provides to the courts, which would include assessments from the mother and baby unit.

Back to top

Final decision

7. We will not investigate Miss X’s complaint because it concerns matters that form part of court proceedings.

Back to top

Investigator's decision on behalf of the Ombudsman