The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s handling of Ms X’s child case. The law prevents us from considering matters that have been considered in court, and it would be reasonable for Ms X to raise her concerns as part of that process.
The complaint
Ms X complained about the Council’s decision to place her child on a child protection plan and its delay in dealing with her appeals following two review child protection conferences. Ms X wants the child protection plan to be stepped down, an apology, and compensation.
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 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 continue an investigation if we decide there is no worthwhile outcome achievable by our investigation. (Local Government Act 1974, section 24A(6), as amended, section 34(B)) 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
The Council placed Ms X’s child onto a Child Protection Plan in March 2023. A Review Child Protection Conference (RCPC) was held in July 2023. Ms X appealed against the outcome. The Council reviewed the appeal and wrote its response in November 2023 and sent it to Ms X in January 2024. The Council explained the delay in dealing with the appeal was due to the requests of Ms X. The Council has since sent the appeal outcome to Ms X and apologised for not sending it sooner.
We will not investigate this part of her complaint because there is no worthwhile outcome achievable. The Council has sent the outcome and provided an appropriate remedy.
A further RCPC took place in November 2023. Ms X appealed the outcome. The Council has explained that because of private and public court proceedings, they will not respond to the appeal as Ms X is able to raise her concerns in court.
Ultimately, what Ms X wants is for the child protection plan to end. Therefore, all matters Ms X complains to us about could reasonably be raised as part of the ongoing proceedings as they are relevant to the decision the court will come to. It is for the courts, not the Ombudsman, to make decisions about the children’s welfare.
Final decision
We will not investigate Ms X’s complaint because it is reasonable for her to raise all her concerns as part of the court proceedings.
Investigator's decision on behalf of the Ombudsman