The Ombudsman's final decision
Summary: We cannot investigate Mr X and Ms Y’s complaint about the Council’s actions in its child protection involvement with their family because it lies outside our jurisdiction. The law prevents us from investigating complaints about matters that have been considered in court proceedings. We cannot do so.
The complaint
The complainants, Mr X and Ms Y, complain the Council is biased against them and started care proceedings for their son based on hearsay, conjecture, false statements and manipulated evidence. They complain the Council took this action due to a previous police investigation relating to Mr X and because of Ms Y’s disability.
The Ombudsman’s role and powers
We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse effect on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We do not start an investigation if we decide the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended) 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
Mr X and Ms Y complained to the Council about matters relating to its child protection involvement with their family and its decision to start care proceedings.
The proceedings recently concluded and Mr X and Ms Y asked the Council to consider their complaint. The Council said it would not consider the complaint via its complaints procedure because it was about matters that had been subject to and decided in the court proceedings. It explained its complaints procedure cannot be used to challenge the court’s decisions and as they were party to the proceedings they would have had the opportunity to raise their concerns to the court during the proceedings.
We cannot consider this complaint because it lies outside our jurisdiction. The law says we cannot investigate complaints about matters that have been considered in court proceedings. We have no discretion to do so. Any dissatisfaction with the outcome of the court proceedings would need to be returned to the court. We cannot consider it.
Final decision
We cannot investigate Mr X and Ms Y’s complaint because it lies outside our jurisdiction and the law says we cannot consider it.
Investigator's decision on behalf of the Ombudsman