The Ombudsman's final decision
Summary: We will not investigate this complaint about the residence of children. Only a court can decide this matter and it would therefore be reasonable for Miss X’s family to use their right to go to court.
The complaint
Miss X said the Council has failed to properly consider the impact of its plan for two siblings. She said these include removing one child from the only family they have ever known and placing them with a person who is a complete stranger.
The Ombudsman’s role and powers
The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
The law says we cannot normally investigate a complaint when someone could take the matter to court. However, we may decide to investigate if we consider it would be unreasonable to expect the person to go to court. (Local Government Act 1974, section 26(6)(c), as amended)
How I considered this complaint
I considered information provided by the complainant.
I considered the Ombudsman’s Assessment Code.
My assessment
Only a court can decide where a child should live in the event of a dispute. We lack the legal power to become involved by asking the Council to reconsider its plans. It would therefore be reasonable for Miss X or members of her family to use their right to challenge the Council’s plans in forthcoming legal proceedings.
Final decision
We will not investigate Miss X’s complaint because only a court can decide where a child should live in the event of a dispute. Therefore, it would be reasonable for Miss X or members of her family to use their right to go to court.
Investigator's decision on behalf of the Ombudsman