The Ombudsman's final decision
Summary: We will not investigate this complaint about how the Council dealt with a safeguarding concern raised about a child. This is because there is insufficient evidence of fault, and we cannot investigate what happened in court.
The complaint
Mrs X complains the Councils child safeguarding process was biased and flawed. She also complains the Council did not take adequate steps to safeguard her child.
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 investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’. I have used the word fault to refer to these. We consider whether there was fault in the way an organisation made its decision. If there was no fault in how the organisation made its decision, we cannot question the outcome. (Local Government Act 1974, section 34(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
Mrs X’s child, Y, was the subject of safeguarding investigations by the Council.
Y’s other parent, Mr Z, obtained an interim court order for Y to live with him. Mrs X has raised safeguarding concerns regarding Y in Mr Z’s care.
Mrs X complains the child protection process was flawed and the Council acted with bias.
I have reviewed the Councils notes, including the minutes of the child protection conference and I am satisfied the decision reached was a carefully considered following the correct procedures and taking into account all relevant considerations. I have seen no evidence of bias.
We will not investigate this part of the complaint because there is insufficient evidence of fault in how the Council considered the matter to justify our involvement. The Council considered relevant information before reaching its decision and we cannot question the merits of the Council’s decision in the absence of fault.
Mrs X also complains the Council’s social worked lied in court. We cannot consider this part of the complaint. Complaints about matters that are being, or have been, considered in court proceedings lie outside our jurisdiction and the law prevents us from considering them. We have no discretion to do so.
Mrs X also complains the Council have failed to take adequate steps to safeguard Y following the concerns she raised about Y in Mr Z’s care.
The Council have provided evidence they investigated the concerns and determined there was no evidence to suggest Y was at risk in the care of Mr Z. Records showed the Council also considered the wishes of the child. We will not investigate this part of the complaint because there is insufficient evidence of fault in how the Council considered the matter to justify our involvement. We cannot question the merits of the Council’s decision in the absence of fault.
Final decision
We will not investigate Mrs X’s complaint because there is insufficient evidence of fault, and we cannot investigate what happened in court.
Investigator's decision on behalf of the Ombudsman