The Ombudsman's final decision
Summary: We cannot investigate this complaint about how the Council has exercised its safeguarding duties to Miss X’s child. The law prevents us from investigating a complaint about the start of court action or what happened in court.
The complaint
Miss X complained the Council was wrong to remove her child from her care, that arrangements for the child’s care are inadequate and that contact arrangements are not suitable.
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 Miss X and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Miss X said the Council acted wrongly when removing her child from her care. Miss X also said that social workers have acted harshly towards her, that care arrangements for the child have been inadequate and contact arrangements have not been suitable.
The Council has confirmed there are active court proceedings about the child.
Miss X’s complaint cannot be separated from matters the court will consider as part of the active proceedings. We cannot therefore investigate her complaint.
Final decision
We cannot investigate Miss X’s complaint because the law prevents us from investigating a complaint about the start of court action, or what happened in court.
Investigator's decision on behalf of the Ombudsman