The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s child protection action. The principal matters complained of are not separable from matters that were or could reasonably have been subject to court action and we cannot investigate them. The complaint is also largely historic, and there is no good reason to exercise discretion to investigate elements of it that are separable from court action. We have no consent to investigate matters concerning another person.
The complaint
Mrs X said the Council discriminated against her and her husband in removing their children. She said the Council forced her to allow her child contact with an abusive ex-partner. She said the Council wrongly allowed another person to keep her child despite reports being made against her for two years.
The Ombudsman’s role and powers
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 discontinue an investigation into a complaint within our jurisdiction. We may decide not to start or continue with an investigation if we think the issues could reasonably be, or have been, raised within a court of law. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended) The Ombudsman investigates complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact 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 or may decide not to continue with an investigation if we decide any fault has not caused injustice to the person who complained. (Local Government Act 1974, section 24A(6)) We may investigate complaints made on behalf of someone else if they have given their consent. (Local Government Act 1974, section 26A(1), as amended)
How I considered this complaint
I considered information provided by the complainant.
I considered the Ombudsman’s Assessment Code.
My assessment
The contact and residency arrangements for Mrs X’s children are likely to have been subject to court action as councils require court orders to remove children from their parents’ care. Any dispute about where her children live and who they may see could only be resolved by a court.
Even if that were not so, the matters complained of are largely historic. That is of secondary importance to the exclusion created by court action that prevents us investigating. But there would in any case be no good reason to investigate matters that Mrs X was aware of and could have complained to us about much sooner.
The Council’s actions concerning another person’s child would be for that person to complain about. We have no consent from the other person to consider a complaint about what happened to them. As far as Mrs X is concerned, leaving another person’s child with them cannot have caused any injustice to her.
Final decision
We will not investigate Mrs X’s complaint because: We cannot investigate matters that have been or could reasonably have been raised in court; Even if that were not so, most of the matters complained of are late, and there would be no good reason to exercise discretion to investigate them now; and The actions of the Council concerning another person’s child is unlikely to have caused enough injustice to Mrs X to warrant investigation.
Investigator's decision on behalf of the Ombudsman