Summary: We cannot investigate Miss X’s complaint about the Council’s actions which have been considered by a court in relation to the care of her child. The law prevents us from investigating complaints about matters that have been considered in court proceedings. We have no discretion to do so.

The complaint

1. Miss X complains about the Council’s children’s services involvement with her family. Miss X’s complaints mainly relate to the Council’s decision to take legal action regarding the care of her child and how the Council conducted itself throughout the legal proceedings.

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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 Council told Miss X it would not consider her complaint via its complaints procedure. This is because the issues raised in the complaint related to ongoing court proceedings.
7. We cannot investigate Miss X’s complaint because it lies outside our jurisdiction. The law does not allow us to investigate complaints about matters that have been subject to court proceedings. This restriction applies to the Council’s involvement in the proceedings and any reports and evidence it provided to the court or which were considered by the court in the proceedings. The Council’s decision making and actions on this case will have been considered by the court in making its decision. We cannot consider them.
8. The Council says it may be able to consider Miss X’s complaints after court proceedings have concluded. If Miss X remains unhappy after court proceedings have concluded, she can raise her complaints with the Council to allow it an opportunity to investigate and respond.

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Final decision

9. We cannot investigate Miss X’s complaint because it is made about matters that have been subject to court proceedings and the law says we cannot investigate complaints about such matters. We have no discretion to do so.

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Investigator's decision on behalf of the Ombudsman