Summary: The Ombudsman will not and cannot investigate Miss X’s complaint about the Council’s children services team actions. Her complaint is about issues which a Court considered and decided.

The complaint

1. The complainant, whom I shall call Miss X, complains about her child’s care, and the Council’s interaction with her.

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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)
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)

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How I considered this complaint

4. I considered the information Miss X provided with her complaint which included the Council’s reply. Miss X had the opportunity to comment on a draft version of this decision.

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What I found

Background

5. In July 2019, a Court decided the Council should care for Miss X’s child. It also approved the Council’s plan for their care.
6. Miss X complains about:
• The quality of care her child has received from the Council
• The Council officers’ communication with her
• The Council’s officers’ views on her
• Her contact with her child
• The day to day decisions being made about what the child should do.
7. The Council said in reply to Miss X’s complaint that Miss X had told the Court all about her concerns. The Council says the Court had the chance to order different care arrangements.

Analysis

8. We cannot investigate:
• the information the Council gave the Court which it then relied upon to make its decision.
• the care plan for the child as the Court approved this.
• whether the Council should care for the child as the Court decided this.
• what contact Miss X should have with her child as a Court decided this.
9. We should not investigate the Council’s views on Miss X’s parenting abilities as it is reasonable to expect Miss X to have told a court her views on this.

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Final decision

10. The Ombudsman will not and cannot investigate this complaint. This is because her complaint either involves issues which are part of Court proceedings or are issues which it is reasonable to expect Miss X to have told the Court about.

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Investigator's decision on behalf of the Ombudsman