The Ombudsman's final decision
Summary: We cannot investigate this complaint about the Council’s actions in removing Miss X’s baby. The complaint is not separable from matters that have been subject to court proceedings.
The complaint
Miss X said the Council bullied her, ignored the truth, and wrongly removed her baby in 2018.
The Ombudsman’s role and powers
We cannot investigate a complaint if someone has started court action about the matter. (Local Government Act 1974, section 26(6)(c), as amended) We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council has done. (Local Government Act 1974, sections 26B and 34D, as amended)
How I considered this complaint
I considered information provided by the complainant. I also considered the Ombudsman’s Assessment Code.
My assessment
Disputes about where a child should live can only be resolved by a court. It is clear from her complaint that there were court orders after the Council removed her baby in 2018. We cannot investigate any matter where there has been court action, even if the court action did not provide a remedy for the whole matter a person now complains of.
Even if this were not so, Miss X has been aware of the matters she complains of for more than three years. There would be no good reason to exercise discretion to investigate these matters now.
Final decision
We cannot investigate Miss X’s complaint because it is not separable from the issue of who should have been given care of her baby, which was for a court to decide. Even if the court issue were not present her, the complaint is late and there would be no good reason to exercise discretion to investigate it now.
Investigator's decision on behalf of the Ombudsman