Summary: We cannot investigate Miss X’s complaint about the content of a court report. That is because the law says we cannot investigate matters related to court proceedings. We will not investigate Miss X’s complaint about the Council’s communication with her and contact arrangements with her relative. Further investigation would not lead to a different outcome.

The complaint

1. Miss X complained about the Council’s actions following an incident between a family member and their child (Y). She said a viability assessment the Council completed for court proceedings contained inaccurate information about her. She said the Council did not share this before proceedings as agreed. She said the Council failed to support her contact with Y and its communication was poor.
2. She said the Council’s actions were having a negative impact on the family. She wants the Council held accountable for its actions.

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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 end an investigation into a complaint about actions the law allows us to investigate. We may decide not to start or continue with an investigation if we think the issues could reasonably be, or have been mentioned as part of the legal proceedings regarding a closely related matter. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended, section 34(B))
6. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We do not start or continue an investigation if we decide:
• There is not enough evidence of fault to justify our involvement, or

• further investigation would not lead to a different outcome.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

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

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My assessment

9. We cannot investigate Miss X’s complaint about the outcome of a viability assessment which she said contained inaccurate information. That is because that assessment was part of court proceedings therefore is outside our jurisdiction. It would have been reasonable for Miss X to share any concerns she had about the preparation of the report, or its content with the Court.
10. Miss X also complained about the Council’s general communication with her and its failure to support contact with Y. In its complaint response the Council said it was trying to support communication between family members, as family relationships were strained. It accepted at times it had to prioritise the needs of Y’s primary carers, but stated Y needed stability. It accepted it had not responded to all Miss X’s contact, but overall, its view was the communication was good. In terms of contact with Y, it said it was the responsibility of Y’s primary carers to make decisions in their best interests. However, it was working with all family members to support contact arrangements.
11. We will not investigate this complaint further. Where the Council has identified failings, it has apologised. Further investigation by us would not lead to a different outcome. And although Miss X might feel sidelined by the Council, it is actively working with the family to resolve contact issues with Y. There is not enough evidence of fault to justify our involvement.

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Final decision

12. We cannot investigate Miss X’s complaint about a court report because is informed court proceedings. We will not investigate the rest of her complaint because further investigation would not lead to a different outcome.

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Investigator's decision on behalf of the Ombudsman