The Ombudsman's final decision
Summary: We will not investigate this complaint about Miss X’s children’s foster placement. The matter was considered as part of court proceedings, so we have no power to investigate it.
The complaint
Miss X complained about her children’s foster care placement, and the Council’s response when she raised concerns. She said the matter caused her significant distress and caused harm to her children. She wanted the Council and the foster carer to be held accountable.
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)
How I considered this complaint
I considered information provided by the complainant.
I considered the Ombudsman’s Assessment Code.
My assessment
Miss X raised concerns relating to abuse by a foster carer towards her children. She provided us a copy of the report prepared by the Children and Family Court Advisory and Support Service (CAFCASS). This report included information about the concerns.
Where a matter has formed part of court proceedings, we cannot consider it. This is the case even when court proceedings have not achieved the aim the complainant seeks - in this case, action against the foster carer. The law says we cannot consider the matter.
Final decision
We will not investigate Miss X’s complaint because it is about matters considered in court.
Investigator's decision on behalf of the Ombudsman