The Ombudsman's final decision
Summary: We cannot investigate this complaint about the Council’s actions in removing Ms X’s children. The care arrangements for her children were decided by a court and we have no legal authority to investigate how they were arrived at.
The complaint
Ms X said the Council broke laws and fabricated matters in separating her from her children. She wanted her children returned.
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) We have the power to start or end an investigation into a complaint about actions the law allows us to investigate. We may decide not to start or continue with an investigation if we think the issues could reasonably be, or have been mentioned as part of the legal proceedings regarding a closely related matter. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended, section 34(B)
How I considered this complaint
I considered information provided by the complainant.
I considered the Ombudsman’s Assessment Code.
Final decision
We will not investigate Ms X’s complaint because documents she supplied show the matters she complains of are not separable from matters decided by a court.
Investigator's decision on behalf of the Ombudsman