Summary: We cannot investigate Ms X’s complaint about children services’ actions as a Court is considering or has decided the children's care arrangements.

The complaint

1. Ms X says the Council poorly assessed her as a carer for children, has failed to take safeguarding action or provide contact with her and the children.

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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)

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How I considered this complaint

3. I considered information provided by Ms X and the Council’s reply to her.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Ms X’s complaint concerns extended family children. She says the Council assessed her as a potential carer. She says this assessment was poor. She says a Court ordered the Council to reassess her. She says she has made many safeguarding referrals to the Council about the children’s care and does not believe it has properly considered them. She says she wants contact with the children which the Council is not assisting with.

Analysis

6. We cannot investigate what happens in court proceedings. This includes the content or preparation of any assessment used in Court proceedings.
7. In Court proceedings deciding the care and contact with children, the Court has wide powers to order safeguarding assessments and contact with extended family members. This means we cannot investigate Ms X’s complaint about her safeguarding referrals or her contact wishes.

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Final decision

8. We cannot investigate Ms X’s complaint because we cannot investigation issues which a Court is considering or has decided.

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Investigator's decision on behalf of the Ombudsman