The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s involvement in Mrs X’s child’s case. Care proceedings are ongoing, and the matters Mrs X complains about will be considered in court.
The complaint
Mrs X complained about the Council’s involvement in her child’s case. Her concerns included the Council removing her child from her care and denying the child contact with Mrs X and a friend. Mrs X said the matter has caused her child significant distress leading to self-injury and risk-taking, and has impacted their relationship. She wanted the matter to be independently investigated and for her child to be returned to 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
Mrs X’s complaint is about the Council’s actions in removing her child from her care and preventing the child from having contact with her and a friend.
The Council has begun care proceedings. The court process will decide what living arrangements and contact with others is in the child’s best interests. We cannot decide the child should return to their mother’s care.
The law expressly prohibits us from investigating what happens in court. The matters Mrs X complains about are all matters that will be addressed as part of the proceedings. We have no discretion to consider the matters she complains about, and she should raise all concerns as part of the proceedings.
Final decision
We will not investigate Mrs X’s complaint because the matters she complains about will be considered as part of current court proceedings.
Investigator's decision on behalf of the Ombudsman