The Ombudsman's final decision
Summary: We cannot investigate this complaint about the Council’s view of who may safely care for children. The complaint concerns the Council’s view as expressed in a court report and the matter complained of is thus not separable from a court process.
The complaint
Miss X said the Council risked the safety of her partner’s children and was one-sided, even though the children’s mother has neglected and abused the children. She said the children’s wishes were not what was best for them, but their safety and well-being mattered most.
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) The courts have said that where someone has used their right of appeal, reference or review or remedy by way of proceedings in any court of law, the Ombudsman has no jurisdiction to investigate. This is the case even if the appeal did not or could not provide a complete remedy for all the injustice claimed. (R v The Commissioner for Local Administration ex parte PH (1999) EHCA Civ 916)
How I considered this complaint
I considered information provided by the complainant.
I considered the Ombudsman’s Assessment Code.
My assessment
The Council’s response to the complaint, as provided by Miss X, shows the complaint concerns the opinions of the Council as given in a s.7 report for a court. The report forms part of court action.
Final decision
We cannot investigate Miss X’s complaint because the matter complained of is not separable from a court process which is to decide who is most suitable to care for the children concerned.
Investigator's decision on behalf of the Ombudsman