The Ombudsman's final decision
Summary: We cannot investigate this complaint that the Council has been at fault in its actions relating to the care of the complainant’s children. This is because the complaint concerns matters which have been considered in court.
The complaintX The complainant, who I will refer to as Mrs X, complains that the Council has acted unlawfully in deciding where her children should live and has failed to act on her concerns about their welfare.
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.
I considered the Ombudsman’s Assessment Code.
My assessment
Mrs X’s children are the subject of care orders. Mrs X complains that the Council has acted unlawfully in making decisions about where the children should live. She further complains that it has failed to act on her concerns about their welfare and acted to prevent them returning to her care.
The Ombudsman cannot investigate Mrs X’s complaint. This is because it relates to matters which have been considered and decided in court. The evidence shows that the children are subject to orders made by the courts. Mrs X will have had the opportunity to raise her concerns in court, including during the recent proceedings relating to contact with her son. By law, the Ombudsman has no jurisdiction to consider such matters. We cannot therefore investigate Mrs X’s complaint.
Final decision
We cannot investigate Mrs X’s complaint because it concerns matters which have been considered in court.
Investigator's decision on behalf of the Ombudsman