The Ombudsman's final decision
Summary: We cannot by law investigate this complaint about the Council’s child protection involvement with the complainant’s family. This is because all of the issues raised are subject to legal proceedings in court. We have no legal jurisdiction to investigate a complaint in these circumstances.
The complaint
The complainant (Ms Q) is making a complaint about the Council’s decision to subject her child to a child protection plan. She says the social worker’s involved in the decision making have made a number of false claims as part of this process. Ms Q says this has caused significant distress and wants the Council to be held accountable for the alleged failings.
The Ombudsman’s role and powers
We cannot investigate a complaint about the start of court action, what happened in court and issues considered and decided on by the 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 also considered the Ombudsman’s Assessment Code.
My assessment
By law, we cannot investigate any matter which is subject to legal proceedings inc court. In her complaint, Ms Q says all of the issues raised will be reviewed by the judge presiding over the case in court. The Council has confirmed the issues are subject to legal proceedings in court. We cannot therefore investigate and the restriction I outline a paragraph 2 (above) applies.
Final decision
We cannot by law investigate this complaint. This is because the issues raised are subject to legal proceedings in court.
Investigator's decision on behalf of the Ombudsman