The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s decision to begin care proceedings and its actions during the proceedings. The law prevents us from investigating the start of court action or what happened in court.
The complaint
Miss X complained the Council wrongly commenced care proceedings, relying on incorrect information in court. She said its staff did not communicate properly with each other, and the assigned social worker did not attend the hearing. Miss X said the matter caused her considerable distress and affected her relationships with her children. She wanted the Council to accept fault and apologise.
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 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
The law expressly prohibits us from investigating councils’ decisions to begin court proceedings and what happens in court. This includes the content of a council’s representations to court and its actions as part of that process. It is the court, not the Council or the Ombudsman, that decides whether to place a child in care, and we have no power to change the court’s decision.
Final decision
We will not investigate Miss X’s complaint because the law says we cannot investigate the start of court action or what happened in court.
Investigator's decision on behalf of the Ombudsman