Summary: We will not investigate Ms X’s complaint about the Council’s actions in relation to ongoing family court proceedings which have led to her children being removed from her care. This is because there is no sign of fault in the Council’s decision not to consider her complaint until the court proceedings have concluded.

The complaint

1. Ms X complains about unlawful behaviour by the Council in relation to family court proceedings in which her children have been removed from her care. The court proceedings are ongoing. Ms X says the court has acted beyond its powers in removing her children from her.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse effect on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We do not start an investigation if we decide the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)
3. We do not start an investigation if we decide there is not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
4. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
5. 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

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

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My assessment

8. Ms X complained to the Council about its actions linked to ongoing family court proceedings.
9. The Council told Ms X it would not consider her complaint until the ongoing proceedings have concluded. This is because the issues raised in Ms X’s complaint have a direct bearing on the proceedings. It advised Ms X to raise her concerns to the court via her legal representative, as soon as possible. It explained she could resubmit her complaint for consideration once the proceedings have concluded but that it cannot revisit or overturn the court’s decisions.
10. We will not investigate Ms X’s complaint. This is because there is no sign of fault in the Council’s decision not to consider her complaint while the case is subject to ongoing court proceedings. This is to ensure the proceedings, which take precedence over a complaint investigation, are not put at risk of being prejudiced by a concurrent investigation. It is a decision the Council is entitled to make in line with the statutory guidance to local authority children’s services on the handling of complaints where there are ongoing proceedings, including court proceedings.
11. As set out in the Council’s response, it will be open to Ms X to resubmit her complaint to the Council to consider any residual matters once the proceedings have concluded.
12. We cannot consider complaints about matters that are being, or have been, considered and decided in court proceedings. Nor can we consider complaints about evidence the Council provided to the court in proceedings. We also cannot consider complaints about the court’s actions and decisions. Such matters lie outside our jurisdiction and we have no discretion to consider them.

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Final decision

13. We will not investigate Ms X’s complaint because there is no sign of fault in the Council’s decision not to investigate her complaint whilst the case is subject to ongoing court proceedings.

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Investigator's decision on behalf of the Ombudsman