The Ombudsman's final decision
Summary: We cannot investigate Miss X’s complaint about decisions made about her child’s care. This is because the Council has commenced court proceedings, which places the issues raised outside of our jurisdiction.
The complaint
Miss X complains that the Council has failed to safeguard her child and failed to consider her family’s views when making decisions about 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 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
I cannot investigate Miss X’s complaint. The Council has commenced care proceedings regarding Miss X’s child. This places the matters raised outside of our jurisdiction. Any concerns Miss X has about the placement of her child either have been or could reasonably be raised during these proceedings.
Final decision
We cannot investigate Miss X’s complaint because the Council has commenced court proceedings.
Investigator's decision on behalf of the Ombudsman