Summary: We cannot investigate Ms X’s complaint about the Council’s actions in relation to recent court proceedings for her child 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. Ms X complains about the Council’s actions in relation to recent legal proceedings relating to her child. She complains the Council did not communicate with her and did not explain she would need to complete courses during the proceedings. It discriminated against her due to her disability in expecting her to complete the courses during the proceedings. Ms X did not know what the hearing was about and her child was removed from her care. Ms X says the Council is in breach of a court order to review her change of circumstances.

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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)

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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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My assessment

6. Ms X complained to the Council about the matters set out in paragraph one, above.
7. The Council told Ms X it could not consider her complaint via its complaints procedure because it was made in relation to matters which formed part of the recent court proceedings. It advised Ms X to consult with her legal representative on the issues raised.
8. We cannot investigate Ms X’s complaint because it lies outside our jurisdiction. This is because it is made in relation to matters that have been subject to court proceedings or which are not clearly separable from the proceedings. The law prevents us from investigating complaints about such matters. We have no discretion to do so. Ms X also complains the Council is breaching a court order. That is a matter for the court to consider. It is for the court to decide whether the order has been breached and, if so, whether any action is required. It is not a matter we can decide.

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Final decision

9. We cannot investigate Ms X’s complaint. It lies outside our jurisdiction because it is made in relation to matters that have been subject to court proceedings. We have no discretion to consider it.

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Investigator's decision on behalf of the Ombudsman