• The complaint
• The Ombudsman’s role and powers
• How I considered this complaint
• My assessment
• Final decision

The Ombudsman's final decision:

Summary: We cannot investigate this complaint about the Council’s children’s services involvement with the care of the complainants son. This is because the matter is subject to court proceedings which are ongoing and will decide upon the care of the child.

The complaint

1. The complainant, who I will call Mrs X, complains about the Council’s involvement with her son who is currently in foster care. Mrs X wants her son returned to her care, but says the ongoing court proceedings, which will decide upon the care of her son, is taking too long.

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The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
3. 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)

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How I considered this complaint

4. I considered information provided by the complainant.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. I cannot investigate Mrs X’s complaint because it relates to the care of her son which will be decided in a future court hearing. We cannot investigate matter that are subject to court proceedings.

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Final decision

7. I cannot investigate Mrs X’s complaint because the matter is subject to court proceedings.

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Investigator's decision on behalf of the Ombudsman

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