The Ombudsman's final decision
Summary: We cannot investigate Mr X’s complaint about his children being removed from his care and not returned to him because it lies outside our jurisdiction. The law prevents us from investigating complaints about matters that have been considered in court proceedings. We have no discretion to do so.
The complaint
Mr X complains his children were removed from his care following court proceedings in 2023. He has been trying to have his children returned to his care but this has not happened.
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
Mr X complained to the Council in 2023 about the matters set out above following the conclusion of court proceedings relating to his children.
The Council told Mr X it could not consider his complaint via its complaints procedure. This was because it was about matters that had been subject to court proceedings. It noted Mr X was legally represented during the proceedings and would have been able to challenge evidence provided to the court via his legal representative.
We cannot investigate Mr X’s complaint because it lies outside our jurisdiction. The law says we cannot investigate complaints about matters that have been considered in court proceedings. We have no discretion to do so.
Final decision
We cannot investigate Mr X’s complaint. It lies outside our jurisdiction and we have no discretion to consider it.
Investigator's decision on behalf of the Ombudsman