Summary: We cannot investigate Mrs X’s complaint about the Council’s handling of child protection matters because it is closely connected to care proceedings. The law says we cannot investigate complaints about court action or what happened in court.

The complaint

1. Mrs X complains that the Council treated her family unfairly and failed to take her complaints about social workers seriously. She says her children were removed from her care, and that children's services had no intention of returning them. She also complains about the conduct of social workers and that her concerns were ignored.

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The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
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 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))

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How I considered this complaint

5. I considered information provided by the complainant and the Council.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. Mrs X says her children were removed from her care and that children's services never intended for them to return home. She also complains about the decisions about her children's future, and information discussed during court proceedings.
8. The concerns Mrs X raises are connected to the ongoing care proceedings. We cannot investigate Mrs X's complaint. The law prevents us from investigating the start of court action or what happened in court. This includes the preparation and content of reports presented to the court by the Council, and issues relating to social worker support that are closely connected to the court action.

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Final decision

9. We cannot investigate Mrs X’s complaint because the issues raised relate to care proceedings and the law says we cannot investigate complaints about court action or what happens in court.

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Investigator's decision on behalf of the Ombudsman