Birmingham City Council (21 014 512)

Category : Children's care services > Other

Decision : Closed after initial enquiries

Decision date : 26 Jan 2022

The Ombudsman's final decision:

Summary: We cannot investigate this complaint about the treatment of Miss X’s son over several years. The matters complained of are not separable from those that have been before a court.

The complaint

  1. Miss X said her son had been abused for several years.

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The Ombudsman’s role and powers

  1. 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)
  2. We cannot investigate complaints about what happens in schools. (Local Government Act 1974, Schedule 5, paragraph 5(b), as amended)

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How I considered this complaint

  1. I considered information provided by the complainant.
  2. I considered the Ombudsman’s Assessment Code.

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My assessment

  1. It is clear from Miss X’s complaint that there has been significant court involvement in the matters about which she complains, and that she is dissatisfied with the outcome.

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Final decision

  1. We cannot investigate Miss X’s complaint because it is not separable from matters that have been subject to court action. Some of these matters also concern the actions of a school.

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Investigator's decision on behalf of the Ombudsman

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