Summary: We will not investigate this complaint about the Family Drug and Alcohol Court. That is because we have no jurisdiction to investigate what happened in court.

The complaint

1. Miss X complained about the support provided by the Council as part of the Family Drug and Alcohol Court (FDAC) proceedings. She said the FDAC was not the correct programme for her and that she did not receive the specialist support she was entitled to. Miss X’s case is no-longer open to the FDAC. She said that means she no-longer has a voice in court. Miss X wants the Council to complete a new assessment of her that focuses on her parenting. She wants a review of the decision to remove her case from the FDAC proceedings.

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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)

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How I considered this complaint

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

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My assessment

6. The Family Drug and Alcohol Court is an alternative family court for care proceedings. It is a voluntary process. A judge reviews the case fortnightly with each parent. Alongside the court process, parents are supported by a team of specialists.
7. We have no jurisdiction to investigate what happened in court. The specialist team and support provided to Miss X are part of the FDAC care proceedings. Therefore, we cannot investigate this complaint.

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Final decision

8. We cannot investigate Miss X’s complaint because it is outside our jurisdiction.

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Investigator's decision on behalf of the Ombudsman