The Ombudsman's final decision
Summary: We will not investigate this complaint about the actions of the Council in relation to the care of the complainant’s child. This is because the complaint is not separable from matters which have been considered and decided in court.
The complaint
The complainant, who I will refer to as Ms X, complains that fault on the part of the Council’s officer was material to the negative outcome of care proceedings relating to 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 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)) 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 and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Ms X says she previously had the main responsibility for the care of one of her children. The Court has decided that her former partner, with who she co-parents, should have a greater proportion of care.
Ms X attributes the negative outcome of the court proceedings to the actions of the Council’s officer. She says the officer sided with her former partner and failed to take account of the evidence she provided. She says the outcome has impacted her mental and physical health, and that of her younger child.
The Ombudsman will not investigate Ms X’s complaint because it concerns matters which have been considered and decided in court. It was the Court which made the decision to change the arrangements for her child’s care, not the Council. By law, we cannot consider decisions made in court.
This restriction applies to evidence a court has considered, including evidence provided by a council. If Ms X disagreed with the Council’s view on her child’s care, her recourse was to challenge it in court. There is no role for the Ombudsman.
Final decision
We will not investigate Ms X’s complaint because it is not separable from matters which have been considered and decided in court.
Investigator's decision on behalf of the Ombudsman