Summary: We will not investigate this complaint about how the Council dealt with matters concerning the care of Miss X’s child. This is because the issues raised have either been considered in court or could have reasonably been mentioned as part of those proceedings.

The complaint

1. Miss X complains about how the Council dealt with matters concerning the care of her child. Miss X says that the Council placed her in unsuitable accommodation meaning she was not safeguarded and did not have access to the support she needed. Miss X says the Council gave false and misleading information during court proceedings.

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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)
4. 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)

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How I considered this complaint

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

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My assessment

7. Miss X’s child was accommodated under Section 20 of the Children Act 1989. The care of Miss X’s child was later subject to court proceedings, with the Court approving a care plan detailing accommodation and contact arrangements.
8. I will not investigate Miss X’s complaint. The issues she raises are in relation to the care and accommodation of her child and have therefore either been considered in court or could reasonably have been raised during court proceedings.

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Final decision

9. We will not investigate Miss X’s complaint because it concerns matters that have either formed part of court proceedings or could reasonably have been raised during those proceedings.

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Investigator's decision on behalf of the Ombudsman