Summary: We cannot investigate Miss X’s complaint about the Council’s actions in its childrens services involvement with her family several years ago because it lies outside our jurisdiction. The law prevents us from investigating complaints about matters that have been considered in court proceedings. We have no discretion to do so.

The complaint

1. The complainant, Miss X, complains about the Council’s actions several years ago in its childrens services involvement with her family. The case was considered and decided in court proceedings in 2017.

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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)
5. We normally expect someone to refer the matter to the Information Commissioner if they have a complaint about data protection. However, we may decide to investigate if we think there are good reasons. (Local Government Act 1974, section 24A(6), as amended)

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How I considered this complaint

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

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My assessment

8. Miss X complained to the Council in early 2024, about matters relating to its previous childrens services involvement with her family. The events happened several years ago and the case was considered and decided in court proceedings in 2017.
9. The Council explained it would not consider Miss X’s complaint via its complaints procedure. This is because it was about events that happened over 12 months ago and because it was about matters that had been considered and decided in court proceedings.
10. We cannot investigate Miss X’s complaint because it lies outside our jurisdiction. The law prevents us from investigating complaints about matters that have been considered in court proceedings. We have no discretion to do so.
11. The complaint also lies outside our jurisdiction because it is late. The law says a complaint should be made to us within 12 months of the person affected first becoming aware of the matter. However, in this case we would still not have been able to consider the complaint even if it had been made in time due to the legal restriction set out in paragraph 10, above.
12. Miss X also raised some data matters in her complaint. Data matters are best considered by the Information Commissioner’s Office as it is the body set up to consider and decide data matters.

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Final decision

13. We cannot investigate Miss X’s complaint because it lies outside our jurisdiction and we have no discretion to consider it.

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Investigator's decision on behalf of the Ombudsman