The Ombudsman's final decision
Summary: We cannot investigate Mrs X’s complaint the Council breached her Human Rights. The matters she complains of have been considered by the Court.
The complaint
Mrs X complained the Council had breached her Human Rights after its decision to start care proceedings. She said that included her right to a fair trial, family life and to be protected from discrimination. She said she had been traumatised by the decision to remove her children. She wants the Council Officers involved disciplined and the Council to complete training into Human Rights. She said she also wants to appeal the decision to remove her children.
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
We cannot decide if an organisation has breached the Human Rights Act as this can only be done by the courts. But we can make decisions about whether or not an organisation has properly taken account of an individual’s rights in its treatment of them.
However, we have no jurisdiction to consider Mrs X’s complaint. That is because the decision to remove her children was made by the Court. The law says we cannot investigate any matter that has been considered by the Court. It was appropriate for Mrs X to raise any concerns she had about the Council’s actions with the Court as part of care proceedings, including any possible breach of her Human Rights. Mrs X can appeal the decision to remove her children with the Court.
Final decision
We cannot investigate Mrs X’s complaint because the decision to remove her children was made by the Court. Therefore, the law says we cannot consider the matter.
Investigator's decision on behalf of the Ombudsman