Summary: We will not investigate this complaint about the Council’s assessment of Mrs X’s child’s case. The complaint relates to matters considered by the courts, which the law prevents us considering.

The complaint

1. Mrs X complained the Council refused to investigate her child’s other parent’s behaviour towards her. She says the matter has caused her significant distress and led to reduced contact with her child. She wants the Council to acknowledge the matter, return her child to her care and pay compensation for the impact on her relationship with her child.

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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 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

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. Mrs X’s complaint relates to the Council’s assessment of her child’s case, and the resulting court decision for her child to live with their other parent and have reduced contact with Mrs X.
7. The law prevents us investigating what happens in court, which includes councils’ recommendations to court about a child’s welfare. We cannot come to decisions on the Council’s assessment and its report to court, nor can we investigate its decision to begin care proceedings. We do not have the power to change the court’s decision about what is in the child’s best interests.
8. All matters Mrs X raises could reasonably have been raised as part of the proceedings, as they were relevant to the decision the court came to. The consequence of the matters she raises is the recommendation the Council made to the court. The court, not the Council, decided where the child should live. Therefore, all issues Mrs X raised in her complaint to us are inextricably linked to the proceedings, even where she did not specifically raise them in court.

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Final decision

9. We will not investigate Mrs X’s complaint because it is about matters that have been considered in court.

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Investigator's decision on behalf of the Ombudsman