The Ombudsman's final decision
Summary: We cannot investigate this complaint about the Council removing Mr and Ms X’s child. The matters complained of are not separable from matters subject to court action.
The complaint
Ms X and Mr X said the Council wrongly removed their child. They want the child returned to their care.
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)
How I considered this complaint
I considered information provided by the complainants.
I considered the Ombudsman’s Assessment Code.
Final decision
We will not investigate this complaint because the matter complained of is not separable from matters decided by a court. Only a court could make new arrangements for the child.
Investigator's decision on behalf of the Ombudsman