The Ombudsman's final decision
Summary: We cannot investigate Ms X’s complaint the Council took care proceedings on her children who were raised with other families. We cannot lawfully investigate actions which are part of court proceedings.
The complaint
Ms X complains the Council removed her children into care from 1995 onwards. She says the courts believed the Council’s lies and supported its decisions. Ms X says she did not see the children for over a decade, and they are now adults. She says the court proceedings were a mistake, the Council ruined lives, and she wants an apology.
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.
My assessment
I cannot investigate this complaint for the following reasons: The Ombudsman cannot investigate what happens in a court case (see paragraphs 2 and 3). This includes the Council’s evidence to court about the welfare of the children in different court cases, the care plan presented to court, and any dispute about contact arrangements. The Council says the youngest child was placed for adoption.
We cannot achieve what Ms X wants.
Final decision
The Ombudsman cannot investigate Ms X’s complaint the Council took care proceedings on her children who were raised with other families. We cannot lawfully investigate actions which are part of court proceedings.
Investigator's decision on behalf of the Ombudsman