The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council failing to provide the complainant and her son with the support and therapy they need while her son has been in care. This is because the complaint is not separable from the ongoing court proceedings.
The complaint
Ms X complains the Council failed to provide her and her son with the support and therapy they need while her son has been in care. She says this has harmed her son.
The Ombudsman’s role and powers
The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
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)
How I considered this complaint
I considered information provided by the complainant and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
The Council currently has an interim care order for Ms X’s son, A. The Council has started court proceedings to apply for a full care order for A. These court proceedings are ongoing.
The matters Ms X complains about are not separable from the court proceedings. This is because it is likely the Court will consider the support provided to Ms X and A while he has been in care.
Therefore, we cannot investigate this complaint as it is outside of our jurisdiction.
Final decision
We will not investigate Ms X’s complaint because it is outside of our jurisdiction as the matters complained about are not separable from the ongoing court proceedings.
Investigator's decision on behalf of the Ombudsman