The Ombudsman's final decision
Summary: We cannot investigate this complaint about the actions of Children’s Social Care. That is because the matters have been considered by the Court and we have no jurisdiction to investigate.
The complaint
Miss X complained about the actions of the Council’s Children’s Services in respect of her daughter. She said it did not properly consider concerns that her daughter was the victim of abuse and believes the Council is protecting the alleged perpetrator. She believes Children’s Services and the Council’s Housing Service has colluded together to provide her unsuitable accommodation. Miss X wants the Council to reimburse legal fees following court action it took against her; remove court imposed restrictions and to provide permanent council housing in a borough of her choice.
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
Miss X complained to the Council about the actions it took in respect of her daughter in February 2021. In its response, the Council explained there was no evidence her daughter was abused. Following that, the Council took court action against Miss X because of allegations she made about staff. The Court made an injunction against Miss X around the repetition of those allegations and her behaviour towards the Council. As the matters Miss X complains of have been considered by the Court, we have no jurisdiction to investigate this complaint.
Final decision
We cannot investigate Miss X’s complaint because the matters she complains of have been considered by the Court.
Investigator's decision on behalf of the Ombudsman