The Ombudsman's final decision
Summary: We cannot investigate this complaint about the decision to remove a child from the complainant’s care and place him in foster care. This is because the decisions were made in Court.
The complaint
The complainant, who I will refer to as Mrs B, complains that the Council is at fault in removing a child from her care and in placing him in foster care with people he does not know.
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
Mrs B says a child’s mother placed the child in the care of her and her son. She says the child was then removed under a Police Protection Order. She says the Council then placed the child in foster care with people he does not know. Mrs B regards the decision to remove the child as unlawful and the decision not to return him as amounting to abuse.
The Ombudsman cannot investigate this complaint because it relates to decisions made in a court. The decisions to remove a child and to place him in the Council’s care were for the Court to make. A council may apply for a care order but it is for a court to decide whether it should be granted. The law says the Ombudsman cannot investigate decisions of the courts or evidence considered in court. Mrs B’s complaint therefore falls outside our jurisdiction. There is no discretion available to us.
Mrs B says she and others have applied to be considered as carers for the child but the Council has not yet responded. She may wish to complain to the Council about this in the first instance. The Ombudsman will not intervene.
Final decision
We cannot investigate Mrs B’s complaint because it concerns decisions about a child’s care made in court.
Investigator's decision on behalf of the Ombudsman