The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s involvement in Miss X’s children’s case. The matter has been considered in court, and the law says we cannot investigate it too.
The complaint
Miss X complained the Council took no action in response to her concerns about her children’s safety while living with their other parent. She says the matter has caused distress to her and her children, and the children remain at risk. She wants the matter to be properly investigated and for steps to be taken to protect her children.
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 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
Miss X’s complaint is about the Council’s decision to take no further action in relation to her reports of harm to her children while in the care of their other parent. The courts have been involved in considering the children’s welfare. Only the courts can decide where the children should live, and neither we, nor the Council, can change the court’s decision.
The law says we cannot investigate matters that have been considered in court. We can also decide not to investigate matters that could reasonably have been raised as part of proceedings. All parts of Miss X’s complaint are matters that could have been raised in court.
Final decision
We will not investigate Miss X’s complaint because the courts have already considered the matter, and the law says we therefore cannot also investigate it.
Investigator's decision on behalf of the Ombudsman