The Ombudsman's final decision
Summary: We cannot investigate this complaint about the Council not telling Mr X about a decision to take his children into care. The matter complained of is not separable from court proceedings.
The complaint
Mr X said the Council took his children into care, but it did not tell him about this for a year. He said the Council wrongly claimed it had provided information to another council when it hadn’t. He wants contact with his children, whom he says the Council kidnapped.
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 law says we cannot normally investigate a complaint when someone could take the matter to court. However, we may decide to investigate if we consider it would be unreasonable to expect the person to go to court. (Local Government Act 1974, section 26(6)(c), as amended)
How I considered this complaint
I considered information provided by the complainant.
I considered the Ombudsman’s Assessment Code.
My assessment
Mr X’s children are subject to court orders. It would have been for the court to satisfy itself about the views of the children’s parents, including Mr X. Any failure by the Council to inform Mr X would have been a matter for the court. And any change in the children’s contact arrangements would be a matter for a court. It would also be for the other council to take what legal action it might deem necessary if the Council failed to co-operate with it on matters relating to the care and residence of children.
Final decision
We cannot investigate Mr X’s complaint because the matters complained of are not separable from matters that were or could reasonably have been part of court proceedings. It would be reasonable for Mr X to use his right to go to court regarding matters of contact and residence as only a court can decide those matters.
Investigator's decision on behalf of the Ombudsman