Summary: The Ombudsman will not investigate Miss C’s complaint that Council has unnecessarily remained involved with her family after Care Orders should have been discharged. This is because we cannot achieve the outcome she is seeking.

The complaint

1. The complainant, who I will refer to as Miss C, complains that the Council has unnecessarily remained involved with her family after Care Orders should have been discharged.

Back to top

The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word ‘fault’ to refer to these. We must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’. We provide a free service, but must use public money carefully. We may decide not to start or continue with an investigation if we believe we cannot achieve the outcome someone wants. (Local Government Act 1974, section 24A(6), as amended)
3. We have the power to start or discontinue an investigation into a complaint within our jurisdiction. We may decide not to start or continue with an investigation if we think the issues could reasonably be, or have been, raised within a court of law. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended)

Back to top

How I considered this complaint

4. I have considered what Miss C has said in support of her complaint.

Back to top

What I found

5. Miss C says her children have been the subject of Care Orders since 2016. She says the Orders were due to be discharged in 2019 but the Council has not asked the court to do so. Instead, it has remained involved with her family.
6. Miss C argues that the Council’s continued involvement with her family in unwarranted and unreasonable. She wants the Council to cease its involvement.
7. The Ombudsman will not investigate Miss C’s complaint. Whether it is appropriate to discharge the Care Orders is a matter for the court, not the Ombudsman. If Miss C wants the Orders discharged, she may take the matter to court, where she can present her arguments. The Ombudsman cannot achieve this for her.
8. Neither can the Ombudsman ask the Council to cease involvement with Miss C’s family. When a council has concerns about the wellbeing of a child it has a duty to consider taking action. It is not for the Ombudsman to prevent it from exercising that duty.

Back to top

Final decision

9. The Ombudsman will not investigate this complaint. This is because the Ombudsman cannot achieve the outcome Miss C is seeking.

Back to top

Investigator's decision on behalf of the Ombudsman