The Ombudsman's final decision
Summary: We cannot investigate Miss X’s complaint concerning the Council’s involvement when removing her children from her care. This is because the issues Miss X raises cannot be separated from legal decisions, so her complaint matters lie outside our jurisdiction.
The complaint
Miss X complains about the actions of Council staff in connection with a court order removing her children from her care.
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
We have no powers over decisions made in court because the courts are a higher authority.
We cannot separately investigate council officer actions without considering their consequences. In this case, all the effect of the Council’s actions are in the court proceedings, reports and evidence.
Final decision
I cannot investigate this complaint. This is because the complaint issues are not separable from matters decided in court.
Investigator's decision on behalf of the Ombudsman