The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council separating Miss X’s siblings from her mother. This is because the complaint does not meet the tests in our Assessment Code on how we decide which complaints to investigate. The matters complained of are not separable from the decisions of courts, which we cannot investigate.
The complaint
Miss X complains the Council and family courts have torn her family apart for years. She says her younger siblings were removed from her mother’s care, and they have not seen her mother for over ten years.
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.
Final decision
We cannot investigate Miss X’s complaint because the matters of which she complains are not separable from the decisions of courts about where her siblings should live and/or who they may have contact with.
Investigator's decision on behalf of the Ombudsman