Hertfordshire County Council (24 005 771)
Category : Children's care services > Child protection
Decision : Closed after initial enquiries
Decision date : 08 Sep 2024
The Ombudsman's final decision:
Summary: We cannot investigate this complaint about alleged inaccuracies in Council evidence and alleged lying in court. The matters complained of are not separable from matters that either were or could have been raised during court action. Any continuing dispute about parental fitness would be for a court to decide.
The complaint
- Miss X said the Council abused its power, a vulnerable child and a vulnerable adult. She said it also lied in the family court.
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)
- 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))
- The law says we cannot normally investigate a complaint when someone could take the matter to court. However, we may decide to investigate if we consider it would be unreasonable to expect the person to go to court. (Local Government Act 1974, section 26(6)(c), 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
- It is clear from Miss X’s complaint to the Council that the matters complained of centre on the issue of the fitness to parent a child. It is also clear that there has been court action in which this issue has been or could reasonably have been addressed, as there are multiple references to what happened in court in Miss X’s complaint to the Council.
Final decision
- We cannot investigate Miss X’s complaint because the matters complained of are closely linked to matters that were or could reasonably have been raised in court. Only a court could revisit these matters and it would therefore be reasonable for Miss X to return to court.
Investigator's decision on behalf of the Ombudsman