The Ombudsman's final decision
Summary: We cannot investigate Miss X’s complaint about the Council’s actions in its child protection involvement with her children 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
Miss X complains about the Council’s actions in its child protection involvement with her children which led to her children being removed from her care and placed for adoption.
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
Miss X complained to the Council about the matter set out in paragraph one, above.
The Council told Miss X it would not consider her complaint because the court decided the matter and the complaints procedure cannot intervene in the court’s decisions. It advised Miss X to consider seeking legal advice on the matter and also signposted her to this office.
We cannot investigate Miss X’s complaint because it lies outside our jurisdiction. The law says we cannot consider complaints about matters such as this which have been considered in court. We have no discretion to do so.
Final decision
We will not investigate Miss X’s complaint because it lies outside our jurisdiction and we cannot consider it.
Investigator's decision on behalf of the Ombudsman