Summary: We will not investigate this complaint about the Council’s alleged lack of support to Miss X and her child from 2017 to 2024, and its decision to begin court proceedings. The law prevents us from investigating matters that have been before the courts. It was reasonable for Miss X to raise all concerns as part of the proceedings.

The complaint

1. Miss X complained about the Council’s actions between 2017 and early 2024. She said it failed to provide support to her family, relating to her child with additional needs. She said this resulted in significant distress, and her child being removed from her care and placed in unregulated accommodation for eight months. She did not tell us what outcome she sought from complaining.

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The Ombudsman’s role and powers

2. 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)
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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My assessment

6. The law prevents us from investigating the Council’s decision to begin proceedings to remove Miss X’s child from her care. It also prevents us from investigating what happened in court, including the content of any party’s submission to court.
7. The events that occurred before the Council began proceedings were relevant matters for the court to consider. The Council’s submission to court would have laid out its assessment of the events that had led to that point. Miss X likely raised some of the concerns as part of proceedings, and we have no power to investigate any matters she did bring to the court’s attention.
8. The court’s role was not to decide whether the Council had been at fault. However, it was reasonable for Miss X to raise all concerns she complains about now in her representations to court, as they were relevant to the court’s consideration of the Council’s submission. We will not investigate a complaint about the matter instead.

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Final decision

9. We will not investigate Miss X’s complaint because the law prevents us from investigating matters that have been before the courts, and it was reasonable for Miss X to raise all concerns as part of the proceedings.

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Investigator's decision on behalf of the Ombudsman