Summary: We will not investigate this complaint about a children’s safeguarding matter. This is because the matter is connected to matters decided in court. We have no remit to investigate.

The complaint

1. Mrs X is dissatisfied with the Council’s responses to her concerns about bruising to a child.
2. She says officers failed to record information she provided at the time and the Council should take responsibility for its errors.

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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)

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How I considered this complaint

5. I have read Mrs X’s complaint information and the Council’s final response to her.

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What I found

6. Courts decide in cases of disputed living and contact arrangements for children. We are not a substitute for that. We have no powers to intervene in court proceedings or investigate reports prepared for the court.
7. The Ombudsman cannot separately investigate council officer actions without considering their consequences. In this case all the effect of the Council’s actions are in the court proceedings, reports, and evidence.

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Final decision

8. I cannot investigate this complaint. This is because the issues raised are connected to matters considered in court.

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Investigator's decision on behalf of the Ombudsman