Summary: We cannot investigate this complaint about the Council’s involvement in Miss X’s child’s case. We have no power in law to investigate matters that have been considered in court. It was reasonable for Miss X to raise all concerns as part of the court proceedings.

The complaint

1. Miss X complained about the Council’s actions in relation to court proceedings. Her concerns included the Council not providing a family support worker, not providing documents to court and not complying with court orders about contact with her child. Miss X said this caused significant distress. She wanted the Council to comply with the court’s directions.

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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)
4. We have the power to start or end an investigation into a complaint about actions the law allows us to investigate. We may decide not to start or continue with an investigation if we think the issues could reasonably be, or have been mentioned as part of the legal proceedings regarding a closely related matter. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended, section 34(B))

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How I considered this complaint

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

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My assessment

7. Miss X’s complaint includes concern about what documents the Council did and did not submit to court as part of care proceedings. The law prevents us from investigating what happens in court, which includes the Council’s actions as part of proceedings. We cannot investigate this part of Miss X’s complaint.
8. Miss X’s complaint also related to what support the Council provided while proceedings were ongoing, and its compliance with the court’s orders. Given the proceedings were ongoing at the time of Miss X’s complaint to us, it was reasonable for her to raise all concerns as part of proceedings. While the court’s role was not to decide whether there was fault by the Council, Miss X’s concerns were directly relevant to the court’s decision about her child’s best interests. We will not investigate a complaint about the matter instead.

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Final decision

9. We will not investigate Miss X’s complaint because it concerns matters that have been considered in court, and would have been reasonable for Miss X to raise as part of the care proceedings.

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Investigator's decision on behalf of the Ombudsman