Summary: We will not investigate Miss X’s complaint about the actions of the Council’s children’s services. This is because the law prevents us from investigating the start of court action or what happened in court. Other matters are better dealt with by another body or have not caused Miss X a significant enough injustice.

The complaint

1. Miss X complains about the actions of the Council’s children’s services. She says the Council has treated her unfairly, has based its decisions on opinion and that its communication with her has been poor.

Back to top

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)
4. We provide a free service, but must use public money carefully. We do not start or continue an investigation if we decide:

• any injustice is not significant enough to justify our involvement, or
• there is another body better placed to consider this complaint.

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

Back to top

How I considered this complaint

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

Back to top

My assessment

7. The Council commenced care proceedings in relation to Miss X’s children which has led to their removal from her care.
8. The law prevents us from investigating the start of court action or what happened in court. For these reasons, I cannot investigate the Council’s decision to commence care proceedings or the information that it provided to the court during those proceedings including the contents of a parenting assessment completed by the Council.
9. Miss X has raised concerns about the conduct of social workers allocated to her family’s case. I will not investigate these matters because Social Work England are better placed to deal with concerns about the conduct of social workers.
10. Finally, I will not investigate Miss X’s complaint that the Council’s communication with her has been poor. This is because any injustice she has suffered because of this is not significant enough to justify our further involvement.

Back to top

Final decision

11. We will not investigate Miss X’s complaint because the law prevents us from investigating the start of court action or what happened in court. Other matters are better dealt with by another body or have not caused Miss X a significant enough injustice.

Back to top

Investigator's decision on behalf of the Ombudsman