Summary: We will not investigate Mr & Mrs X’s complaint that the Council plan to move their child to a new care home. This is because the matter forms part of court proceedings. Their complaint about the education provision for their child is premature as it has not been considered under the Council’s complaints procedure.

The complaint

1. Mr & Mrs X complaint concerns the care of their son Z who is in care. They say the Council plans to rehome Z into a property that is unsuitable and may place them at risk. They also complain that the Council has failed to arrange suitable education provision for Z since July 2022.

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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. The law says we cannot normally investigate a complaint unless we are satisfied the organisation knows about the complaint and has had an opportunity to investigate and reply. However, we may decide to investigate if we consider it would be unreasonable to notify the organisation of the complaint and give it an opportunity to investigate and reply. (Local Government Act 1974, section 26(5), section 34(B)6)

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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. Mr & Mrs X’s son Z is a looked after child and is subject to a deprivation of liberty order. The Council are currently applying to the courts to renew the order and the plan to move Z to a new home is being considered as part of those proceedings. I cannot investigate Mr & Mrs X’s complaint about Z’s proposed move because the law prevents us from investigating matters that are being considered in court.
8. I will not investigate Mr & Mrs X’s complaint about Z’s education. This is because I have seen no evidence that this has been raised with the Council through its complaint’s procedure. Mr & Mrs X can raise a new complaint with the Ombudsman once they have raised a complaint with the Council and received a final response.

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Final decision

9. We will not investigate Mr & Mrs X’s complaint about the proposed move of their son to a new care home because the matter forms part of court proceedings. Their complaint about the education provision for their child is premature as it has not been considered under the Council’s complaints procedure.

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Investigator's decision on behalf of the Ombudsman