The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s actions concerning Miss X’s children. These matters are not separable from court decisions and Miss X has a right to return to court it would be reasonable to use.
The complaint
Miss X said the Council was at fault in the way it dealt with her family. She said the Council removed her children and she did not get a fair hearing in court. She wanted the Council to return to court with the truth.
The Ombudsman’s role and powers
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) We cannot investigate a complaint if someone has started court action about the matter. (Local Government Act 1974, section 26(6)(c), as amended) The law says we cannot normally investigate a complaint when someone could take the matter to court. However, we may decide to investigate if we consider it would be unreasonable to expect the person to go to court. (Local Government Act 1974, section 26(6)(c), as amended)
How I considered this complaint
I considered information provided by the complainant.
I considered the Ombudsman’s Assessment Code.
My assessment
It is clear from Miss X’s complaint that there has been court action concerning where her children should live. Any challenge to the arrangements made or challenge to the court’s proceedings can only be made in court.
Final decision
We will not investigate Miss X’s complaint because the matters complained of are not separable from matters where: there has been court action that means we cannot investigate; or Miss X has a right to return to court it would be reasonable for her to use.
Investigator's decision on behalf of the Ombudsman