The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s involvement in Ms X’s child’s case. The law prevents us investigating complaints about what happened in court, and we have no power to overturn a court decision and return Ms X’s child to her care.
The complaint
Ms X complained about the Council’s actions which resulted in her child being removed from her care. She said the Council’s case against her was based upon lies, false assumptions and accusations. She said the Council’s actions, which she considered harassment, caused her significant distress and knock-on effects on her health. She wanted her son returned into her care.
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)
How I considered this complaint
I considered information provided by the complainant.
I considered the Ombudsman’s Assessment Code.
My assessment
Ms X’s child was taken into care following care proceedings instigated by the Council. Her complaint to us is about its actions as part of that process. The law prevents us from considering the start of court action or what happened in court. We could not therefore consider the Council’s decision to escalate the matter to court, its actions as part of proceedings or its representations to court.
Only the courts, not the Council or the Ombudsman, can decide to remove a child from their parent’s care, and only the courts could decide the child should move back into Ms X’s care. Ms X had the opportunity to raise her concerns as part of the proceedings. We have no power to overturn a decision made by the courts.
Final decision
We will not investigate Ms X’s complaint because it is about the start of court action and what happened in court.
Investigator's decision on behalf of the Ombudsman