The Ombudsman's final decision
Summary: We cannot investigate this complaint about the Council removing Ms X’s child. This matter was subject to court action, and we are legally prevented from investigating it. Only a court can decide if criminal offences have been committed.
The complaint
Ms X said the Council kidnapped her child. She also said the Council committed various criminal acts.
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) We cannot investigate a complaint if someone has started court action about the matter. (Local Government Act 1974, section 26(6)(c), 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
The evidence provided by both parties confirms Ms X’s child’s residence was decided by a court. Criminal matters can only be decided by a court.
Final decision
We cannot investigate Ms X’s complaint because it concerns matters that were decided in court. We are thus legally prevented from investigating them. Only a court can decide if criminal offences were committed.
Investigator's decision on behalf of the Ombudsman