Summary: We will not investigate this complaint about how the Council undertook child protection enquiries. The matter is currently being considered in the family court. It is open for Mrs X to complain after those proceedings have finished and she has exhausted the Council’s complaint procedure.

The complaint

1. Mrs X complained about how the Council undertook child protection enquiries. She said the Council used incorrect information; ignored information she provided and failed to recognise domestic abuse. She said the inaccurate information was used in child protection meetings and court report. Mrs X said the Council had discriminated against her by not recognising her disability.
2. Mrs X said the Council will not respond to her complaint because of ongoing court proceedings. She wants the Council to investigate to her concerns.

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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 investigating. (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. The Ombudsman cannot consider what happens in court. Therefore, we cannot investigate Mrs X’s complaints about information the Council has provided the court or the report it completed as part of proceedings. In addition, if Mrs X has any concerns about the accuracy of the information provided, it is reasonable for her to raise this as part of court proceedings.
10. We also will not investigate Mrs X’s complaints about the Council’s actions before court proceedings started. That is because these complaints are too closely tied to the matters that are for the court to decide.
11. The Council has told Mrs X it will not consider her complaint whilst family court proceedings are ongoing. Although Mrs X is unhappy with that decision, further investigation by the Ombudsman will not lead to a different outcome. After court has concluded and Mrs X has completed the Council’s complaint procedure, she can return to the Ombudsman. We can then consider if there are any remaining parts of Mrs X’s complaint that are separable from court proceedings that fall within our jurisdiction.

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Final decision

12. We will not investigate Mrs X’s complaint because it is about matters currently being considered by the Court.

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Investigator's decision on behalf of the Ombudsman