The Ombudsman's final decision
Summary: We cannot investigate this complaint about the Council’s actions in removing Miss X’s child and placing the child with another person. The matters complained of are not separable from matters that have been or could reasonably have been raised during court proceedings.
The complaint
Miss X said the Council failed to investigate properly and decided her child should live with a person who is a violent criminal. She said the Council ignored evidence and lied to a judge.
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 the complainant.
I considered the Ombudsman’s Assessment Code.
Final decision
We cannot investigate Miss X’s complaint because the matters she complains of are not separable from matters that either formed or could reasonably have formed part of court proceedings.
Investigator's decision on behalf of the Ombudsman