The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s handling of concerns about Mrs X’s children. This is because the actions of the Council relate to the conduct of court proceedings about Mrs X’s children. The law prevents us from investigating complaints about what happened in court.
The complaint
Mrs X complains the Council did not take action to safeguard her children and did not allow her to provide information for reports to the court. She says she has lost contact with her children as a result.
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 and the Council.
I considered the Ombudsman’s Assessment Code.
Final decision
We will not investigate Mrs X’s complaint because the matters complained of are closely linked to court proceedings involving her children. They either were or could reasonably have been raised in court. The law prevents us from investigating complaints about what happened in court, including what information councils provide during proceedings.
Investigator's decision on behalf of the Ombudsman