The Ombudsman's final decision
Summary: We cannot investigate this complaint about the way the Council has dealt with the care of her son, because this matter has been to court.
The complaint
Miss X complains about the way the Council has dealt with the care of her son, Mr Y. Miss X is concerned that Mr Y was placed in an unsuitable foster placement and is a danger to others.
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 the complainant and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
The Ombudsman cannot investigate Miss X’s complaint because the matters relating to the case have been to court. By law, the Ombudsman cannot consider matters that have been to court.
Final decision
We cannot investigate Miss X’s complaint because it relates to matters which have been, or can be, decided in court.
Investigator's decision on behalf of the Ombudsman