Summary: We will not investigate this complaint about care arrangements for Miss X's child. The law prevents us from investigating anything that is or has been the subject of court proceedings. We also cannot achieve the outcome Miss X wants.

The complaint

1. Miss X complains the Council has made professional errors and failed to safeguard her child. Miss X says she has been unfairly separated from her child and the Council has failed to help with reunification.

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The Ombudsman’s role and powers

2. The law says we cannot normally investigate a complaint when someone could take the matter to court. However, we may decide to investigate if we consider it would be unreasonable to expect the person to go to court. (Local Government Act 1974, section 26(6)(c), as amended)
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 Council.
5. I considered the Ombudsman’s Assessment Code.

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Final decision

6. We will not investigate Miss X’s complaint because issues relating to the care arrangements for her child are matters for the courts to determine. Neither we nor the Council can make decisions about a child’s care arrangements in place of the court.

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Investigator's decision on behalf of the Ombudsman