The Ombudsman's final decision
Summary: We will not investigate this complaint about the failure of the Council to respond to Miss X after she provided information the Council requested. Investigation would not lead to a worthwhile outcome as the matters complained of are not separable from matters that have been before a court and in respect of which Miss X has a right to go to court it would be reasonable to use.
The complaint
Miss X said the Council failed to respond to her after she provided in early 2021 the name of a person who allegedly harmed her child in response to a request from the child’s guardian. She wanted a full and independent investigation into every aspect of the Council’s actions since it removed her child from her care in early 2020.
The Ombudsman’s role and powers
We have the power to start or discontinue an investigation into a complaint within our jurisdiction. We may decide not to start or continue with an investigation if we think the issues could reasonably be, or have been, raised within a court of law. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended) The law says we cannot normally investigate a complaint when someone could take the matter to court. However, we may decide to investigate if we consider it would be unreasonable to expect the person to go to court. (Local Government Act 1974, section 26(6)(c), as amended)
How I considered this complaint
I considered information provided by the complainant and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
This complaint follows on from complaint 22 000 881. Investigating why the Council has not contacted Miss X or engaged with her since early 2021 would have no purpose other than to look again at who may have harmed the child and why and how the child was removed from her care prior to a court order.
Final decision
We will not investigate Miss X’s complaint because investigation would not lead to a worthwhile outcome. The matter complained of is not separable from matters that have been before a court. Miss X has a right to return to court it would be reasonable to use.
Investigator's decision on behalf of the Ombudsman