The Ombudsman's final decision
Summary: We cannot investigate this complaint about the Council removing Miss X’s child. The matters complained of are not separable from the residence arrangements for children, which is a matter subject to court action.
The complaint
Miss X said she wanted a new social worker and a fair chance she can care for her child. She said a social worker had only told her shortly before she gave birth that it would remove her baby and is now trying to place the child with family members who emotionally abused her and tried to alienate her from another child’s life.
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 there are ongoing court proceedings and the matters of which she complains are not separable from the issues involved in the court action.
Investigator's decision on behalf of the Ombudsman