Summary: We will not investigate this complaint about the Council’s recommendations to court. The law prevents us from considering matters that have been considered in court, and it would be reasonable for Miss X to raise her concerns as part of that process.

The complaint

1. Miss X complained the Council’s reports to court were biased and unfair. She complains their recommendation to place her child with other family puts the child at risk. She says the Council has focused on her past, despite her having made significant changes. She wants her child returned to her care.

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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)
3. 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

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

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My assessment

6. Miss X's complaint relates to the Council's assessment of her child's case, and the resulting recommendations it made to court for her child to live with other family members.
7. The law prevents us investigating what happens in court, which includes councils' recommendations to court about a child's welfare. We cannot come to decisions on the Council's assessment and its report to court, nor can we investigate its decision to begin care proceedings. We do not have the power to change the court's decision about what is in the child's best interests.
8. All matters Miss X raises could reasonably be raised as part of the proceedings, as they are relevant to the decision the court will come to. The consequence of the matters she raises is the recommendation the Council made to the court. The court, not the Council, decides where the child should live. Therefore, all issues Mrs X raised in her complaint to us are inextricably linked to the proceedings.

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Final decision

9. We will not investigate Miss X’s complaint because it relates to the Council’s reports to court, which the law prevents us investigating.

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Investigator's decision on behalf of the Ombudsman