The Ombudsman's final decision
Summary: We will not investigate Mrs X’s complaint about her children's removal from her care. We cannot investigate the Police’s actions nor matters which are part of Court proceedings.
The complaint
The complainant, whom I shall call Mrs X, says the Council wrongly removed her children from her care, then did not care for the children properly or provide her with contact.
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 cannot investigate a complaint if it is about action taken by or on behalf of any local policing body in connection with the investigation or prevention of crime. (Local Government Act 1974, Schedule 5/5a, paragraph 2, 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 Mrs X and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Mrs X says that in May 2021 her children were removed from her care. She says the Council should not have done so. Mrs X says the Council gave the police the wrong information which led to the children’s removal. She says she was not happy with the care the children received or the contact she had with them.
We cannot investigate the children’s removal. The Police used a Police Protection Order and we have no power to investigate this. The Council the next day applied to Court for a Care Order and those proceedings continued for around ten months. We cannot investigate the children’s care or the contact Mrs X had during those proceedings, as both issues are for the Court to decide and consider.
Final decision
We will not investigate Mrs X’s complaint because we cannot investigate the Police’s actions or issues which form part of Court proceedings.
Investigator's decision on behalf of the Ombudsman