Summary: We cannot investigate this complaint about the Council’s actions relating to the care of the complainant’s children. This is because the actions were in the course of, or related to, public law proceedings.

The complaint

1. The complainant, Mrs X, complains that the Council was at fault in the course of care proceedings relating to her children.

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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.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Mrs X’s children are in the Council’s care, subject to a full care order. The correspondence she has provided shows that the children have been subject to public law proceedings since the Court made an interim supervision order.
7. Mrs X complains about the Council’s lack of engagement with her and her husband during the period. She says it was insufficient, and placed them at a disadvantage in their efforts to regain care of the children. She wants the Council to work with her towards family reunification.
8. The Ombudsman cannot investigate Mrs X’s complaint. The law says the Ombudsman cannot investigate matters which have been considered in court. The children’s care has been decided in the course of public law proceedings, and the Ombudsman has no jurisdiction to investigate. This restriction also applies to the Council’s actions during the period, which are not separable from the matters before the Court.

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Final decision

9. We cannot investigate Mrs X’s complaint because it relates to matters which have been considered in court.

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Investigator's decision on behalf of the Ombudsman