The Ombudsman's final decision
Summary: We cannot investigate Miss X’s complaint about the Council’s child protection actions and decisions after her baby suffered an unexplained injury, because it lies outside our jurisdiction. The law prevents us from investigating complaints about matters that are being considered in court proceedings. We have no discretion to do so.
The complaint
Miss X complains about the Council’s child protection actions and decisions and its treatment of her after her baby suffered an injury of unknown cause. Miss X says the level of the Council’s involvement is excessive and intrusive and this has had a significant impact on their lives. The Council has started court proceedings in relation to Miss X’s children.
The Ombudsman’s role and powers
We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse effect on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We do not start an investigation if we decide the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended) 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)
How I considered this complaint
I considered information provided by the complainant.
I considered the Ombudsman’s Assessment Code.
My assessment
Miss X complained to the Council about the matter set out in paragraph one, above.
The Council told Miss X it could not consider her complaint via its complaints procedure because it was made in relation to the same matters which will be considered by the court in the ongoing proceedings relating to her children. It advised Miss X to raise her concerns to the court, either directly, or via her legal representative.
We cannot investigate Miss X’s complaint because it lies outside our jurisdiction. The law prevents us from investigating complaints about matters which are, or have been, subject to court proceedings. We have no discretion to do so. This restriction also applies to the Council’s involvement in the proceedings and any evidence and reports it provides to the court for the proceedings.
Miss X should raise her concerns to the court during the proceedings so that they can be considered before the proceedings conclude and a decision is made.
Final decision
We cannot investigate Miss X’s complaint because it lies outside our jurisdiction and the law says we cannot consider it.
Investigator's decision on behalf of the Ombudsman