The Ombudsman's final decision
Summary: We cannot investigate Miss X’s complaint about the Council’s failure to protect her daughter from emotional abuse and neglect because it lies outside our jurisdiction. The law prevents us from investigating complaints about matters which are, or have been, considered in court proceedings.
The complaint
Miss X complains the Council is failing to protect her daughter from emotional abuse and neglect whilst in her father’s care. She says it has failed to take appropriate action in response to numerous concerns that have been raised.
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
Miss X complained to the Council about the matter set out in paragraph one, above.
The Council told Miss X it could not consider her complaint via its complaints procedure because the matters raised in it are inextricably linked to ongoing court proceedings. It said any information it has provided to the court will be considered during the proceedings. It advised Miss X to raise her concerns to the court and to seek advice from her legal representative.
We cannot investigate Miss X’s complaint because it lies outside our jurisdiction. The law does not allow us to investigate complaints about matters that are, or have been, subject to court proceedings. We have no discretion to do so. This restriction applies to the Council’s involvement in the proceedings and any reports or evidence it provides to the court or which are considered during the proceedings. Miss X’s concerns are best raised to the court during the course of the proceedings so that the judge can consider them before the proceedings conclude.
Final decision
We cannot investigate Miss X’s complaint because it lies outside our jurisdiction. The law prevents us from investigating complaints about matters that are, or have been, subject to court proceedings. We have no discretion to do so.
Investigator's decision on behalf of the Ombudsman