Summary: We will not investigate this complaint about the Council’s involvement in Miss X’s child’s case. The law prevents us from investigating matters that are before the courts.

The complaint

1. Miss X complained the Council has not given her and her child’s other parent the opportunity to be properly assessed or to prove themselves. She says this has impacted her mental health and their child has been placed in foster care. She wants the Council to properly assess them as parents.

Back to top

The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
3. 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)

Back to top

How I considered this complaint

4. I considered information provided by the complainant.
5. I considered the Ombudsman’s Assessment Code.

Back to top

My assessment

6. Miss X raises several concerns about the Council’s involvement in her child’s case. She says the Council has not enabled her to prove herself as a parent, and her child is currently in a foster placement.
7. The Council told Miss X to raise her concerns as part of the ongoing court proceedings. The law prevents us from investigating matters considered by the courts. After proceedings have finished, it is open to Miss X to complain to the Council. She may then complain to us if necessary, and we can consider whether any matters are separable.

Back to top

Final decision

8. We will not investigate Miss X’s complaint because it is about matters that are being considered in court.

Back to top

Investigator's decision on behalf of the Ombudsman