The Ombudsman's final decision
Summary: We cannot investigate this complaint about the Council’s involvement in care of the complainants child. This is because the matter has recently been decided by the courts. We cannot investigate matters that have been subject to court proceedings.
The complaint
The complainant, who I will call Miss X, complains about the Council’s involvement in the care of her son, who I will call Z. She says Z is now living with his stepmother without Miss X’s permission. Miss X would like Z to be returned to her care.
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’s son, Z, previously lived with his father, but now lives with his stepmother. Miss X complains that she did not give permission for this arrangement and wants Z returned to her care. In March, the courts awarded Z’s stepmother a Special Guardianship Order for Z to be placed in her care permanently.
I cannot investigate Miss X’s complaint. This is because the care arrangements for Z have been decided in court. The law does not allow us to investigate any matter that has been subject to court proceedings.
Final decision
We will not investigate Miss X’s complaint because the matter has been subject to court proceedings.
Investigator's decision on behalf of the Ombudsman