Summary: We cannot investigate this complaint about the Council’s actions connected with the removal of Ms X’s children from her care. The matters complained of are not separable from matters that either formed or could reasonably have formed part of court proceedings.

The complaint

1. Ms X said the Council failed to investigate the failure of a social worker to make a referral to adult social care. She said the Council failed to investigate her complaint after court action ended, including matters not involved in the court case.
2. She said the removal of her children led to flashbacks, fears they would be removed again after joint custody was restored, and significant issues for her children.

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The Ombudsman’s role and powers

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. We cannot investigate a complaint if someone has started court action about the matter. (Local Government Act 1974, section 26(6)(c), as amended)
5. We have the power to start or discontinue an investigation into a complaint within our jurisdiction. We may decide not to start or continue with an investigation if we think the issues could reasonably be, or have been, raised within a court of law. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended)
6. The Courts have said that we cannot investigate a complaint about any action by a council, concerning a matter which is itself out of our jurisdiction. (R (on the application of M) v Commissioner for Local Administration [2006] EHWCC 2847 (Admin))

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How I considered this complaint

7. I considered information provided by the complainant.
8. I considered the Ombudsman’s Assessment Code.

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My assessment

9. It might have been wrong for a social worker not to make a referral to adult social care regarding Ms X. The opinions formed by the Council about Ms X and her ability to care for her children might or might not have been wrong. The opinions the Council formed about Ms X’s condition might or might not have been wrong. And the actions it took as a result of forming those opinions, including restricting or preventing her contact with her children, might or might not have been wrong. However, that does not affect our lack of jurisdiction to investigate the complaint.
10. There has been court action that has concerned the care of Ms X’s children. None of the Council’s actions in forming its opinions of Ms X and in acting on those opinions is separable from the court action. We cannot investigate a matter that is not separable from court action. That remains so even when the court action has ended.
11. We cannot investigate the way the Council dealt with Ms X’s complaint the Council’s refusal to investigate these matters because the matters themselves are outside our jurisdiction.

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Final decision

12. We cannot investigate Ms X’s complaint because the matters complained of are not separable from matters that have been or could have been raised in court; and
13. We cannot investigate the way the Council dealt with the complaint because the substantive matters complained of are ones we cannot investigate.

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Investigator's decision on behalf of the Ombudsman