The Ombudsman's final decision
Summary: We will not investigate this complaint about safeguarding concerns about the complainants’ children. This is because it concerns matters that have been or could be raised in court.
The complaint
Miss X complains that the Council has failed to act upon safeguarding concerns she raised about her children. She wants the Council to carry out a robust Section 7 report and for her children to be returned to her care.
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) The law says we cannot normally investigate a complaint when someone could take the matter to court. However, we may decide to investigate if we consider it would be unreasonable to expect the person to go to court. (Local Government Act 1974, section 26(6)(c), as amended)
How I considered this complaint
I considered information provided by the complainant.
I considered the Ombudsman’s Assessment Code.
My assessment
I cannot investigate Miss X’s complaint. The care and contact arrangements of her children have been discussed during court proceedings and a court order is in place. We therefore cannot consider any evidence that the Council has presented to the courts including the contents of any section 7 report. If Miss X feels that a section 7 report should have been completed this is a matter that could have been raised in court, as only the courts can instruct a Council to complete such a report. Only the courts can determine if the care order in place should be changed and the children returned to live with Miss X.
Final decision
We will not investigate Miss X’s complaint because it is about matters that either have been or could be raised in court.
Investigator's decision on behalf of the Ombudsman