The Ombudsman's final decision
Summary: We cannot investigate Miss X’s complaint about how the Council handled her case when her children were taken away from her. The issues raised relate to what happened in court.
The complaint
Miss X complains that when the Council removed her children, it failed to handle her case properly, even though she provided evidence. She says her parenting assessment lasted only ten minutes and was not thorough. She had escaped domestic violence and was experiencing mental health difficulties, yet the Council did not offer her support for her circumstances.
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. The matters she raises formed part of court proceedings, and therefore we do not have power to investigate this. The law prevents us from investigating anything that has formed part of court proceedings, this includes the preparation and contents of reports presented to the courts by the Council.
Final decision
We cannot investigate Miss X’s complaint because the issues raised relate to court proceedings which are outside the Ombudsman’s remit.
Investigator's decision on behalf of the Ombudsman