Summary: We will not investigate this complaint about the Council’s involvement in Mrs X’s children’s case. There are current court proceedings and police investigations ongoing. After those processes have completed, it is open to Mrs X to complain again.

The complaint

1. Mrs X complained about the Council’s actions in relation to her child. Her concerns include that the Council:
• failed to provide support to her child to prevent incidents;
• failed to stick to agreed actions;
• acted in an intimidating way towards her; and
• has been biased towards her child’s father.
2. Mrs X says the Council wrongly refused to consider her complaint due to court proceedings and police involvement. She says these events has caused distress and she does not believe the Council will provide a fair assessment to the courts. She wants the Council to accept wrongdoing and reallocate the case to new social workers.

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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 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, section 34(B))

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How I considered this complaint

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

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My assessment

8. Mrs X complained about several aspects of the Council’s involvement with her family. She says she is concerned bias by the Council will impact the current private court proceedings.
9. We could not consider the content of any reports the Council is asked to write for the court proceedings. Nor could we consider matters that are inextricably linked to court proceedings. Mrs X should raise her concerns as part of the court proceedings insofar as they are relevant to the court’s decision about her child’s best interests. It is for the court to decide on issues around residence and contact, and we cannot influence its decision.
10. I have considered Mrs X’s view the complaint is sufficiently separable to the court proceedings and police investigation. We cannot say until the court process is complete, which parts of the complaint we have the power to investigate. We also could not come to sound conclusions until the court proceedings have finished.
11. After the court proceedings and police investigation have finished, it is open to Mrs X to complain to the Council and then the Ombudsman again, and we will consider whether any elements of her complaint are separable and within our jurisdiction.

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Final decision

12. We will not investigate Mrs X’s complaint because it is about matters that are currently subject to court proceedings and a police investigation.

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Investigator's decision on behalf of the Ombudsman