The Ombudsman's final decision
Summary: We cannot investigate this complaint about the Council’s involvement with the care of the complainants’ children. This is because the issues raised form part of court proceedings.
The complaint
Miss X complains that her children have been taken into care and about the ongoing care arrangements for them.
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 and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
I cannot investigate Miss X’s complaint. We cannot investigate the start of court proceedings or what has happened in court. We therefore cannot investigate the Council’s decision to commence care proceedings in relation to Miss X’s children and cannot investigate decisions about the care arrangements of the children because these have been decided during court proceedings.
Final decision
We will not investigate Miss X’s complaint because it is about a matter that is subject to court proceedings.
Investigator's decision on behalf of the Ombudsman