Summary: We cannot investigate Ms X’s complaint about the Council’s handling of child protection matters. The issues raised relate to court proceedings. The law says we cannot investigate complaints about court action or what happened in court.

The complaint

1. Ms X complained that the Council started child protection proceedings in court for no reason. She says her child is healthy, and she should be allowed to take her baby home.

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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. The law says we cannot normally investigate a complaint unless the organisation knows about it and has had a chance to respond. The Council has confirmed that Ms X did not raise a complaint with it, but it also says it is unlikely to consider her complaint because of the legal proceedings. I have therefore exercised discretion to consider this premature complaint now.
7. However, we cannot investigate Ms X’s complaint. This is because the matters she raises formed part of proceedings in court. The law prevents us from investigating the start of court action and anything that has formed part of court proceedings, including the preparation and contents of reports presented to the courts by the Council.

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Final decision

8. We cannot investigate Miss X’s complaint because the issues raised relate to care proceedings which are outside the Ombudsman remit.

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Investigator's decision on behalf of the Ombudsman