Summary: We cannot investigate X’s complaint about matters relating to the Council’s actions in its child protection involvement with her child. This is because it is about matters we have previously considered and decided; or are not separable from the court proceedings; or about an allegation of crime which she has already reported to the police

The complaint

1. The complainant, X, complains about matters relating to the Council’s child protection involvement with her child who was removed from her care in 2021. The case has been subject to court proceedings and X’s child is currently in foster care. X says she has been a victim of corruption in the family court and her child is possibly being abused in care. She says the Council filed false reports to the court which led to her child remaining in its care. X would like her child to be returned to her care.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse effect on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We do not start an investigation if we decide the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)
3. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
4. 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)

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How I considered this complaint

5. I considered information provided by the complainant and the Council.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. We previously considered and decided a complaint from X in late 2022 about largely the same matters raised in this complaint. We explained we could not investigate the complaint because it was about matters intrinsically linked to the court proceedings and because X needed to return the matter to court if she wished to challenge her child’s living arrangements. We also explained we could not achieve the outcome X sought which is to have her child returned to her care. We cannot consider these matters again as we do not investigate the same matters more than once.
8. We cannot consider X’s complaint about newer matters as these are also not separable from the court proceedings and the court’s decisions. We cannot question or discharge the care order or return X’s child to her care. That is a matter for the courts to consider and decide.
9. X also complains her daughter may be a victim of crime and being abused. X says she has already reported her concerns to the police and that the police are investigating her concerns. This is the body best placed to consider it. We cannot investigate allegations of crime. Crime is a matter for the police to investigate and ultimately the courts to decide.

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Final decision

10. We cannot investigate X’s complaint. Some parts of the complaint we have previously considered and decided. Some parts are about matters which are closely linked to, and not clearly separable from, matters considered and decided in the court proceedings. The complaint about an allegation of crime has already been reported to the police which is the body best placed to investigate reports of crime.

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Investigator's decision on behalf of the Ombudsman