The Ombudsman's final decision
Summary: We will not investigate Mr X and Ms Y’s complaint about the Council’s children services actions. We cannot investigate issues which have been considered by a Court.
The complaint
The complainants, whom I shall call Mr X and Ms Y, complain about their children’s removal from their care, and the care the children received from the Council.
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 have the power to start or discontinue an investigation into a complaint within our jurisdiction. We may decide not to start or continue with an investigation if we think the issues could reasonably be, or have been, raised within a court of law. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended)
How I considered this complaint
I considered information provided by Mr X and Ms Y and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Mr X and Ms Y describe how their children were removed from their care, they say by the Council, at a Court hearing in February 2020. The Court granted a Care Order. The children remained in care throughout the proceedings.
The Court has recently decided to end the Care Order. The children are now living with Mr X and Ms Y with a Court Supervision Order.
Mr X and Ms Y say the Council did not have good enough reasons to remove the children from their care. They say the Council then did not properly care for them. They describe the siblings being separated, and why they believe the foster carers were not suitable for their children.
The Council considered Mr X and Ms Y’s complaints. It says it will not consider complaints which are about issues considered in Court. It says the standard of care was also raised in the Court proceedings.
Analysis The Council removed the children after a Court had ordered a Care Order. It is the Courts role to reach this judgment after having considered the evidence and views by both the Council and Mr X and Ms Y. It is reasonable to expect Mr X and Ms Y to have told the Court why they believed the Council’s views were wrong or inaccurate. We cannot therefore investigate why the children were removed or their removal as was approved by the Court.
During care proceedings the Court has oversight of the children’s care and Mr X and Ms Y had the opportunity to raise this within those proceedings. The Court could have directed the children be moved.
Final decision
We will not investigate Mr X and Ms Y’s complaint because we cannot investigate events which have been considered in Court proceedings.
Investigator's decision on behalf of the Ombudsman