The Ombudsman's final decision
Summary: We cannot investigate Miss X’s complaint about the Council’s failure to answer her concerns about its decisions concerning her children. This is because the issues Miss X raises are not separable from matters already considered before the family court.
The complaint
In summary, Miss X complains the Council’s false accusations resulted in her child being removed from her care.
Miss X would like her family’s name to be cleared and Council staff held accountable.
The Ombudsman’s role and powers
The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
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 have read Miss X’s complaint information.
What I found
Courts decide in cases of disputed living, care and contact arrangements for children. We are not a substitute for that. We have no powers to intervene in court proceedings or investigate reports compiled by Council staff for the family court. Miss X could have raised her concerns about the Council’s actions to the court.
Final decision
I cannot investigate this complaint. This is because the issues raised are not separable from matters decided in court.
Investigator’s decision on behalf of the Ombudsman
Investigator's decision on behalf of the Ombudsman