The Ombudsman's final decision
Summary: We cannot investigate this complaint about the Council making Mr X’s child subject to a child protection plan and later removing the child. The matters complained of are not separable from matters that have formed or could reasonably have formed part of court proceedings.
The complaint
Mr X said the Council did not listen to his information and made his child subject to a child protection plan without having fully considered all the evidence. He said the child has been forcibly removed against the child’s wishes.
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) We have the power to start or discontinue an investigation into a complaint within our jurisdiction. We may decide not to start or continue with an investigation if we think the issues could reasonably be, or have been, raised within a court of law. (Local Government Act 1974, sections 24A(6) and 34B(8), 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
There has been a recent court order regarding the care of the child. The documents I have seen show the Council has had concerns about the child for more than a year. The matters complained of, which concern the Council’s view of the child’s safety in Mr X’s care, where the child should live, and who the child should see are all matters that either have been or could reasonably have been raised in court.
Final decision
We cannot investigate Mr X’s complaint because the matters he complains of are not separable from matters that have been nor could reasonably have been raised during court proceedings.
Investigator's decision on behalf of the Ombudsman