Summary: We will not investigate this complaint about the Council’s involvement in Miss X’s family’s children’s services case. The letter Miss X complains about is not separable to the court proceedings that followed, and we cannot investigate the matter.

The complaint

1. Miss X complained about a letter the Council sent to her sister before it began care proceedings. She said the letter was discriminatory. She said the matter led to her sister’s deterioration and subsequently taking her own life. Miss X said the matter caused significant trauma for the family. She wanted the Council to acknowledge the impact of the matter and make service improvements.

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The Ombudsman’s role and powers

2. 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

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

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My assessment

5. Miss X’s complaint relates to a letter the Council sent to Miss X’s sister, which explained its intent to issue care proceedings.
6. The law prevents us investigating matters that have been considered in court. The Council’s letter, while issued before court proceedings began, is not separable from the court proceedings that followed as it stated the Council’s reasons for issuing court proceedings. These reasons would then have been considered in court.

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Investigator's decision on behalf of the Ombudsman