Summary: We are discontinuing our investigation because the matters complained of are closely related to the current court proceedings concerning the complainant’s children.

The complaint

1. Ms X complained that the Council failed to support her and her two children (Z and Y). In particular, Ms X says that the Council has:
1. made false and unsubstantiated allegations about her; and
2. failed to provide any support to her while the children were subject to child protection plans
2. Ms X says that the lack of support and the Council’s actions have meant that the children have now been removed under an interim care order. Ms X says that, if the Council’s social workers had properly engaged with her, and supported her in caring for the children, they would not have been removed.

Back to top

The Ombudsman’s role and powers

3. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word fault to refer to these. We must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’.
4. We provide a free service but must use public money carefully. We do not start or continue an investigation if we decide:

• no worthwhile outcome would be achieved by pursuing the complaint.

(Local Government Act 1974, section 24A(6), as amended, section 34(B)).

5. It is our decision whether to start, and when to end an investigation into something the law allows us to investigate. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended).

Back to top

What I have and have not investigated

6. I have not investigated Ms X’s complaint because I do not consider any worthwhile outcome would be achieved by pursuing the complaint.

Back to top

How I considered this complaint

7. I considered evidence provided by Ms X and by the Council as well as relevant law, policy and guidance.
8. I issued a draft decision statement to Ms X and to the Council. I have taken into account any comments before reaching my final decision.

Back to top

What I found: Legal and administrative matters

9. Councils have a duty to investigate if there is reasonable cause to suspect that a child in their area is suffering, or is likely to suffer, significant harm. They must decide whether they should take any action to safeguard or promote the child’s welfare. (Children Act 1989, section 47).
10. Councils should act decisively to protect children from abuse and neglect including starting care proceedings where existing interventions are insufficient.
11. If a council takes care proceedings, the Family Court will decide whether the children should be removed under an interim care order. Parents have legal representation and the Court will appoint a guardian from the Children and Family Court Advisory and Support Service (CAFCASS). The Family Court will make the final decision about where the children should reside.
12. There are also private court proceedings when separated parents cannot agree where their child should reside. Councils can become involved when there are concerns about their welfare and may prepare a section 7 or 37 for the court.

The Children Act 1989 statutory complaints procedure

13. The law sets out a three-stage procedure for councils to follow when looking at complaints about children’s social care services. The accompanying statutory guidance, ‘Getting the Best from Complaints’, explains councils’ responsibilities in more detail. We also published practitioner guidance on the procedures, setting out our expectations.
14. If a complainant is not happy with a council’s stage one response, they can ask that it is considered at stage two. At this stage of the procedure, councils appoint an investigating officer (IO) to look into the complaint and an independent person (IP) who is responsible for overseeing the investigation and ensuring its independence.
15. If a complainant is unhappy with the outcome of the stage two investigation, they can ask for a stage three review by an independent panel.
16. The council has discretion to decide whether to consider a complaint when there are the following concurrent investigations: court, tribunal, disciplinary and criminal proceedings. If a council considers an investigation by it would prejudice concurrent investigations, it can decide not to pursue the complaint.
17. However, once the concurrent investigation has concluded, the complainant may resubmit their complaint within one year of the end of the concurrent investigation.

Key facts

18. Ms X says the Council’s social workers have been involved with her family for some years. There have been private legal proceedings between her and the children’s father. The Council has been involved in these private proceedings and issued a section 7 report at the request of the Court.
19. In September 2025, Ms X complained directly to the Council about the social worker making false allegations about her and about the information set out in the section 7 report. The Council explained that it could not investigate the complaint because of the ongoing private legal proceedings.
20. Recently the Council took care proceedings. Ms X has a solicitor representing her.

Findings

21. Ms X’s complaint is about the lack of support from the Council in managing her children and about false allegations. These are matters which she can and will raise within the care proceedings.
22. Therefore, her complaints to us are too closely linked to the current court proceedings and no worthwhile outcome can be achieved by pursuing her complaint.
23. I am therefore discontinuing our investigation. Once the court proceedings are completed, Ms X can resubmit her complaint to the Council within one year of the end of the proceedings.

Back to top

Decision

24. I have decided to discontinue this investigation.

Back to top

Investigator's decision on behalf of the Ombudsman