Central Bedfordshire Council (24 003 059)
Category : Children's care services > Other
Decision : Closed after initial enquiries
Decision date : 27 Jun 2024
The Ombudsman's final decision:
Summary: We cannot investigate Miss X’s complaint about a court report and the court’s decision to issue a care order because it lies outside our jurisdiction. The law prevents us from investigating complaints about matters that have been considered in court. We have no discretion to do so.
The complaint
- The complainant, Miss X, complains the Council has decided not to investigate her complaint about its court report because it has been considered in court proceedings. Miss X also asks us to consider the court’s decision to issue a care order for her children.
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)
How I considered this complaint
- I considered information provided by the complainant.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Miss X complained to the Council about the contents of its court ordered report which she said was biased against her. The report has been considered by the court in care proceedings.
- The Council told Miss X it would not consider her complaint because it was about matters that have been considered in court proceedings. It said any disagreement with the court’s decision needs to be managed via the legal process as it cannot overturn the court’s decision.
- We cannot consider this complaint because it lies outside our jurisdiction. The law prevents us from investigating complaints about matters that have been considered in court. This also applies to reports which have been submitted to the court. We cannot consider or question the court’s decisions. Any dissatisfaction with the court’s decision needs to be returned to the courts.
Final decision
- We cannot investigate Miss X’s complaint because it lies outside our jurisdiction and the law prevents us from considering it. We have no discretion to do so.
Investigator's decision on behalf of the Ombudsman