Manchester City Council (21 006 091)
Category : Children's care services > Other
Decision : Closed after initial enquiries
Decision date : 22 Sep 2021
The Ombudsman's final decision:
Summary: We will not investigate this complaint about the Council’s children’s services involvement with the complainant and her family. This is because the matters complained about are subject to court proceedings and therefore fall outside of our jurisdiction.
The complaint
- Mr Z complains on behalf of his sister, who I will call Ms X. Mr Z complains about the involvement of the Council’s children’s services with Ms X and her child. Mr Z says the Council provide inaccurate information to Ms X and to the courts. Mr Z says this has resulted in Ms X’s child being removed from her care. Mr Z want the Council to dismiss the social worker involved in Ms X’s case.
The Ombudsman’s role and powers
- The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
- 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)
How I considered this complaint
- I considered information provided by the Mr Z.
- I considered the Ombudsman’s Assessment Code.
My assessment
- I cannot investigate this complaint. There are ongoing court proceedings relating to Ms X’s child and their care, custody and contact arrangements. The issues Mr Z raises are inextricably linked to these court proceedings as they relate to the views the Council has formed of Ms X and others involved in the case. Ms X can raise her concerns with the court if she disputes the Council’s views
- Even if I was able to investigate this complaint, I am also unable to achieve the outcome Mr Z wants. Mr Z wants the social worker to be dismissed, but the Ombudsman has no authority to recommend councils take disciplinary action against members of its staff.
Final decision
- We will not investigate Mr Z’s complaint because the matter are subject to court proceedings.
Investigator’s decision on behalf of the Ombudsman
Investigator's decision on behalf of the Ombudsman