The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s decision to commence care proceedings. The law prevents us from doing so.
The complaint
Miss X complained about the Council’s removal of her child from her care, which she says was based on lies and irrelevant information. Miss X said the matter caused significant distress to both her and her child. She wanted the Council to return her child to 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 and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Miss X’s complaint is about the Council’s decision to commence care proceedings with a view to removing her child from her care. The law expressly prohibits us from investigating the start of court action. It also prevents us considering what happens in court, which includes the content of the Council’s representations to court.
Only the courts can decide to return the child to Miss X’s care. It is open to Miss X to present all concerns in court via her solicitor. We cannot investigate this complaint.
Final decision
We will not investigate Miss X’s complaint because it is about the Council’s decision to commence care proceedings, which the law prevents us investigating.
Investigator's decision on behalf of the Ombudsman