The Ombudsman's final decision
Summary: We cannot investigate this complaint about the Council removing Miss X’s child from her care. A court has decided where her child should live and the matters complained of are not separable from that.
The complaint
Miss X said the Council removed her child from her care without warning in early 2020. She said this led to the loss of her career, financial difficulties, and separation from her child for two years.
The Ombudsman’s role and powers
We cannot investigate a complaint if someone has started court action about the matter. (Local Government Act 1974, section 26(6)(c), as amended) 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
A court has decided where Miss X’s child should live following the Council’s action. We have no authority to consider any matter that is not separable from the court process.
Final decision
We will not investigate Miss X’s complaint because the matters complained of are not separable from those that were or could have been raised during the court process.
Investigator's decision on behalf of the Ombudsman