The Ombudsman's final decision
Summary: We cannot investigate this complaint about the Council taking child protection action concerning Miss X’s child. The matters complained of are not separable from matters that were or could reasonably have been raised during court action.
The complaint
Miss X complained via a representative that the Council failed to offer alternative educational provision when her child was unable to attend school. She said it failed to carry out appropriate assessments and fabricated information that led to it making the child subject to a child protection plan rather than meeting the child’s special educational needs. She said the Council failed to support her and her partner as carers, or to make reasonable adjustments.
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) We cannot investigate a complaint if someone has started court action about the matter. (Local Government Act 1974, section 26(6)(c), as amended) We have the power to start or end an investigation into a complaint about actions the law allows us to investigate. We may decide not to start or continue with an investigation if we think the issues could reasonably be, or have been mentioned as part of the legal proceedings regarding a closely related matter. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended, section 34(B))
How I considered this complaint
I considered information provided by the complainant and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
There is a fundamental disagreement between Miss X and her partner and the Council about the nature of her child’s needs and her parenting. The Council has confirmed there has been a recent interim supervision order concerning the child, and that court action is ongoing. The existence of a court order regarding the care of Miss X’s child means the matters Miss X complains of are closely related to matters that were or could reasonably have formed part of court action. They are thus affected by the absolute and permanent legal bar that prevents us from investigating matters subject to court action, regardless of which party initiates the court action.
Final decision
We cannot investigate Miss X’s complaint because they are not separable from matters that were or could have been raised in court.
Investigator's decision on behalf of the Ombudsman