Summary: We will not investigate Ms M’s complaint because we cannot investigate complaints about the preparation or content of reports for Court, and while it may be possible to separate some of Ms M’s complaints about the work the Council did to inform the reports, there is nothing we could add to the independent investigation that has already taken place.

The complaint

1. Ms M complains about her dealings with Children’s Services. She complains about assessments and reports and the Council’s response to concerns for the wellbeing of her children.

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The Ombudsman’s role and powers

2. 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) This includes complaints about the preparation or content of reports prepared for court.
3. We provide a free service, but must use public money carefully. We do not start or continue an investigation if we decide:

• we could not add to any previous investigation by the organisation, or
• further investigation would not lead to a different outcome, or
• we cannot achieve the outcome someone wants, or
• there is no worthwhile outcome achievable by our investigation.

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

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How I considered this complaint

4. I considered information provided by Ms M.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Ms M sent a long and detailed submission explaining why she was unhappy with the Council and its response to her complaint. I will not include all the details here to ensure her anonymity.
7. Ms M and Mr X have children. The children were living with Mr X. Ms M was concerned for the children’s wellbeing. Ms M and Mr X were engaged in private law proceedings to decide where the children should live. The Court ordered the Council to prepare a report (known as a section 7 report).
8. At the time of Ms M’s complaint to us, the Court had ordered the Council to prepare a further report (known as a section 37 report).
9. In her complaint to us, Ms M explained that she did not wish to challenge the reports, rather the work the Council had done to inform the reports. She explained why she considers the reports to be flawed because of mistakes she says the Council made when responding to concerns for the welfare of her children.
10. The Council has investigated Ms M’s complaint at the second stage of the statutory children’s complaints process. This involves an independent investigation overseen by an independent person. Ms M says the independent investigator upheld her complaint.
11. In her submission, Ms M explained that a large part of her complaint to us concerned what happened next. She says the Council has not learnt from its mistakes or changed following her complaint.
12. We cannot investigate Ms M’s complaints about the preparation or content of court reports. I have thought very carefully about whether we could separate Ms M’s complaints about the work the Council did to inform the reports from the preparation and contents of the reports themselves. While this may be possible for some parts of Ms M’s complaint, I do not consider we should.
13. The independent investigation at stage 2 of the statutory children’s complaints process upheld Ms M’s complaint. The independent investigation was not subject to the same limitations as us concerning court action and could investigate all of Ms M’s concerns. I do not consider we could add to the findings of the independent investigation.
14. In any event, further investigation would not lead to a different outcome, since the Court will make decisions about Ms M’s children. The correct place to challenge the reports, including the work the Council did to inform the reports, is in Court.
15. Ms M wants compensation for the distress her dealings with the Council have caused her, and for the impact on the private family proceedings. We do not award compensation and we cannot achieve the outcome Ms M wants.
16. We cannot investigate Ms M’s complaint about her dealings with the Council after the independent investigation because these are new complaints and the Council must have an opportunity to respond first.
17. There is, regrettably, no worthwhile outcome achievable by our involvement.

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Final decision

18. We will not investigate Ms M’s complaint because we cannot investigate complaints about the preparation or content of reports for Court, and while it may be possible to separate some of Ms M’s complaints about the work the Council did to inform the reports, there is nothing we could add to the independent investigation that has already taken place.

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Investigator's decision on behalf of the Ombudsman