The Ombudsman's final decision
Summary: We will not investigate this complaint about the actions of the Council. This is because the complaint does not meet the tests in our Assessment Code on how we decide which complaints to investigate. The matters complained of are not separable from matters that have been subject to court proceedings, or which could reasonably be raised in court.
The complaint
Ms X said a named person provided information to the Council and the police in 2017 about how to exploit children and manipulate family court judges. She said the Council has refused to respond to a recent letter from her solicitor and has been destroying criminal evidence about the exploitation of children.
Ms X said her children were removed from her care based on lies, and the Council has cost her a very large sum of money.
She wanted the Council, the courts, and the police to stop manufacturing paperwork to allow children to be exploited for financial crimes.
Ms X wanted her children returned to her.
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) The courts have said that where someone has used their right of appeal, reference or review or remedy by way of proceedings in any court of law, the Ombudsman has no jurisdiction to investigate. This is the case even if the appeal did not or could not provide a complete remedy for all the injustice claimed. (R v The Commissioner for Local Administration ex parte PH (1999) EHCA Civ 916) 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.
Final decision
We will not investigate Ms X’s complaint because the matters she complains of are not separable from those that either: Were heard in court, which we cannot investigate; or Where Ms X had or has a right to go to court it would be reasonable to use.
Investigator's decision on behalf of the Ombudsman