The Ombudsman's final decision
Summary: We cannot investigate this complaint about the Council’s child protection actions. This is because the Council has started family court proceedings, and we have no jurisdiction to investigate these matters.
The complaint
Miss X complained about the Council’s child protection actions following a safeguarding referral. She is unhappy with the continued care proceedings, timescales and the accuracy of information. She wants the child protection plan to be stopped and compensation.
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 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.
I considered the Ombudsman’s Assessment Code.
My assessment
We cannot investigate this complaint. This is because the Council initiated court proceedings for an interim supervision order. Therefore, these matters and any that could be reasonably raised in court are out of our jurisdiction because of the law I have highlighted above.
Final decision
We cannot investigate Miss X’s complaint because we have no jurisdiction to investigate matters that have been subject to court proceedings.
Investigator's decision on behalf of the Ombudsman