Summary: We will not investigate this complaint the Council’s Children’s Social Care assessment was flawed as it failed to properly consider parental alienation. The assessment was considered as part of court proceedings therefore we have no jurisdiction to investigate.

The complaint

1. Ms X complained the Council failed to properly consider her concerns about parental alienation its Children’s Social Care assessment. She said the Council’s assessment did not represent her or her children’s views and that the Council had failed to investigate why her children did not want contact with her. She said the Council had not recognised she was a victim of domestic abuse. Ms X wants the Council to complete a further assessment.

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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. The Ombudsman investigates 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 may decide not to continue with an investigation if we decide there is not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6))

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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. We will not investigate Ms X’s complaint about the Council’s Children’s Social Care assessment. The Council’s assessment was considered as part of court proceedings around living arrangements and Ms X’s contact with her children. We cannot investigate what happened in court, that includes where assessments have been used as part of court proceedings. Although Ms X is unhappy with the content of the Council’s assessment we have no jurisdiction to investigate this complaint.
8. Following the Court outcome, Ms X has sent further referrals to the Council around parental alienation. The Council said it has considered the information she has provided but the threshold is not met for a further assessment. It said the family is being supported by its Early Help Service. There is not enough evidence of fault to justify investigating.

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Final decision

9. We cannot investigate Ms X’s complaint about the Council’s assessment because it was considered as part of court proceedings therefore we have no jurisdiction to investigate.

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Investigator's decision on behalf of the Ombudsman