Summary: We cannot investigate this complaint about the Council’s actions in deciding about the care of a child. The matters complained of are not separable from matters decided by a court.

The complaint

1. Miss X said the Council made a child a victim to neglect and abuse by saying Miss X was poorly when she wasn’t. She said the Council undermined her and caused the breakdown of her guardianship of the child. She said the Council did not invite her to a court hearing and refused to give her information, just calling her later to say it had an interim court order. She said the Council said it could not deal with her complaint.

Back to top

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 cannot investigate a complaint if someone has started court action about the matter. (Local Government Act 1974, section 26(6)(c), as amended)

Back to top

How I considered this complaint

4. I considered information provided by the complainant and the Council.
5. I considered the Ombudsman’s Assessment Code.

Back to top

My assessment

6. Both parties have confirmed there has been a recent court order in respect of the child.

Back to top

Final decision

7. We cannot investigate Miss X’s complaint because the matters she complains of are not separable from matters decided by a court.

Back to top

Investigator's decision on behalf of the Ombudsman