The Ombudsman's final decision
Summary: We cannot investigate Mrs X’s complaint about false information that she says led to her children being removed from her care. The issues raised relate to what happened in court.
The complaint
Mrs X complains that the Council removed her children because it judged her a future risk of harm due to her mental health. She says the Council ignored her concerns about the children’s safety and allowed her abusive ex‑husband to care for them. Mrs X believes the Council failed to protect her children and acted unfairly when it made these decisions.
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
I cannot investigate Mrs X’s complaint. The matters she raises formed part of court proceedings, and therefore we do not have power to investigate this. The law prevents us from investigating anything that has formed part of court proceedings, this includes the preparation and contents of reports presented to the courts by the Council.
Final decision
We cannot investigate Mrs X’s complaint because the issues raised relate to court proceedings which are outside the Ombudsman’s remit.
Investigator's decision on behalf of the Ombudsman