The Ombudsman's final decision
Summary: We cannot investigate Miss X’s complaint about her children being removed from her care and contact stopped following court proceedings, because it lies outside our jurisdiction. The law prevents us from considering complaints about matters that have been considered and decided in court. We have no discretion to do so.
The complaint
The complainant, whom I shall call Miss X, complains she has not had any contact with her children for 8 years after a contact order was made in family court proceedings. Miss X says the Council lied in court and did not have evidence to support what it told the court. She says her children were removed from her care without good reason. Miss X also complains the Council is not upholding the court order.
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.
I considered the Ombudsman’s Assessment Code.
My assessment
Miss X is complaining about matters that have been considered and decided in court proceedings and about the Council breaching a court order. These are matters the law prevents the Ombudsman from considering.
Final decision
We cannot investigate Miss X’s complaint because it lies outside our jurisdiction. The law prevents us from investigating complaints about matters that have been considered in court proceedings such as this. We have no discretion to do so. If Miss X considers the Council is not following the court order this is a matter that should be referred to the court. It is for the courts to decide if an order has been breached and if so, whether any action is required. It is not a matter the Ombudsman can consider or decide.
Investigator's decision on behalf of the Ombudsman