The Ombudsman's final decision
Summary: We cannot investigate Miss X’s complaint that her child was unlawfully taken into care. The law prevents us from investigating complaints about the start of court action or what happened in court.
The complaint
Mrs X complains that her child was unlawfully taken into care. She says the Council provided inaccurate information during court proceedings and wants her child 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 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 cannot investigate Miss X’s complaint because the law prevents us from investigating complaints about the start of court action or what happened in court
Investigator's decision on behalf of the Ombudsman