Summary: We cannot investigate Ms X’s complaint about a report that was considered in court. This is because the main issue Ms X raises is not separable from the matters already considered before the family court.

The complaint

1. In summary, Ms X (who is a foster carer) says her notes were amended by the Council to try to remove a child from her care. She also the Council has failed to follow its complaints procedure and not managed her Subject Access Request properly.
2. Ms X says she feels devalued, vulnerable, stressed, bullied and vulnerable.

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The Ombudsman’s role and powers

3. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
4. 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)
5. We provide a free service but must use public money carefully. We do not start or may decide not to continue with an investigation if we decide there is another body better placed to consider this complaint. (Local Government Act 1974, section 24A (6))

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How I considered this complaint

6. I have read Ms X’s complaint information and the Council’s initial complaint response.

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What I found

7. Courts decide in cases of disputed living, care and contact arrangements for children. We are not a substitute for that. We have no powers to intervene in court proceedings or investigate reports used in the family court. Ms X can and could have raised her objections about the Council’s actions to the court.
8. Also, with respect to Ms X’s concerns about the way the Council has managed her personal information and subject access request; it is open to Ms X to raise this with the specialist body for information handling: the Office of the Information Commissioner.
9. Further, if we are not investigating the substantive matters, we will not look at complaints about the Council not following its complaints procedure.

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Final decision

10. I cannot investigate this complaint. This is because the issues raised are not separable from matters considered in court.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman