The Ombudsman's final decision
Summary: We cannot investigate Miss X’s complaint about her two children being placed in her mother’s care following court proceedings in 2012 because it lies outside our jurisdiction. The law prevents us from investigating complaints about matters that have been considered in court.
The complaint
The complainant, whom I shall call Miss X, complains about the Council’s actions when, in 2012, her two children were removed from her care following court proceedings.
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 considered information provided by the complainant.
I considered the Ombudsman’s Assessment Code.
My assessment
Miss X complains about the Council’s actions in relation to court proceedings in 2012 which decided her two children should be placed in her mother’s care. Miss X also complains officers did not declare they had a conflict of interest in dealing with her case.
This complaint lies outside our jurisdiction. The law prevents us from considering complaints about matters which have been considered and decided in court. We have no discretion to do so.
The complaint also lies outside our jurisdiction because it is late. The law says a complaint should be made to us within 12 months of a person first becoming aware of the matter they are complaining about. However, due to the restriction on considering matters that have been to court, set out in paragraph 7, above, we could not have considered this complaint even if it had been made within 12 months.
Final decision
We cannot investigate Miss X’s complaint because it lies outside our jurisdiction. The law prevents us from considering complaints about matters such as this which have been considered in court.
Investigator's decision on behalf of the Ombudsman