Summary: We will not investigate Ms X’s complaint about the Council’s involvement with her children. The law prevents us from investigating anything that is the subject of court proceedings and could reasonably be raised in court.

The complaint

1. Ms X complains the Council has failed to properly supervise contact sessions for her children. She believes the Council is biased in favour of her children’s father. She also complains about information the Council has given to the police which has been added to her record with the Disclosure and Barring Service (DBS). Ms X says the Council has ignored her stage two complaint about this. She wants the Council to end the child protection plan for her children and to provide her family with the support she feels it needs.

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The Ombudsman’s role and powers

2. 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)
3. 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 in a closely related matter. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended, section 34(B))

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How I considered this complaint

4. I considered information provided by the complainant and the Council.

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My assessment

5. The Council has explained it cannot investigate and respond to Ms X’s escalated stage two complaint because the court is considering these matters in private law proceedings. It has also explained Ms X should raised any concerns about information given to the DBS by the police with that organisation. Any concerns Ms X has about the individual conduct of social workers would need to be raised with their professional regulator – Social Work England.
6. There is nothing more we could add to the Council’s response. The law prevents us from becoming involved in matters that are or have been the subject of court proceedings. It would be for Mr X to raise any concerns about any information or reports the Council has prepared for the court in that forum. We have no power to intervene or make decisions in place of the court. Only the court can decide what is in a child’s best interest and on any matters of dispute.

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Final decision

7. We will not investigate Ms X’s complaint because the law prevents us from investigating anything that has been or is the subject of court proceedings.

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Investigator's decision on behalf of the Ombudsman