Summary: We will not investigate Miss X’s complaint about the Council’s viability assessment and position on care and contact of a child relative. the law prevents us from investigating anything that has or is being considered by a court.

The complaint

1. Miss X is unhappy with a negative viability assessment the Council completed for her to care for a relative’s child. The Council has removed the child from their parent’s care and placed them with another relative. Miss X believes the viability assessment contained inaccurate and unfair information about her, which she wants to challenge. Miss X would also like contact with the child as she has had a close bond with them since their birth. She wants the Council to complete another viability assessment for her.

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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 and the Council.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. We cannot investigate Miss X’s complaint about the result of a viability assessment which she says contained inaccurate information. This is because that assessment formed part of court proceedings which mean it falls outside our jurisdiction to investigate. It would be reasonable for Miss X to seek independent legal advice about applying to court to be a party in the case the court was considering. Miss X could then challenge or raise any concerns she has about any information or reports the Council has prepared for the court in that forum. We have no power to intervene or make decisions in place of the court. Only the court can decide what is in the child’s best interest and on any matters of dispute.

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Final decision

8. We will not investigate Miss X’s complaint because the law prevents us from investigating anything the Council has prepared for the court.

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Investigator's decision on behalf of the Ombudsman