The Ombudsman's final decision
Summary: We cannot investigate Ms X’s complaint about the Council’s refusal to involve her in her child’s care reviews or communicate with her about her child’s care and wellbeing. The matter has already been considered by a court.
The complaint
Ms X complains the Council has refused to communicate with her about her child’s wellbeing or involve her in her child’s care reviews. She says this has caused her distress. She wants the Council to keep her updated on her child’s wellbeing and to agree a communication plan with her.
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.
I considered the Ombudsman’s Assessment Code.
My assessment
We cannot investigate Ms X’s complaint. A court has already considered the matter of Ms X’s involvement in her child’s care and determined how the Council should keep Ms X updated on her child’s wellbeing and educational status. The Council has committed to adhering to the court-ordered communication plan.
We cannot investigate matters that have already been considered by a court.
Final decision
We cannot investigate Ms X’s complaint because the matters complained about have already been considered and decided by a court.
Investigator's decision on behalf of the Ombudsman