Summary: The Ombudsman cannot investigate Miss X’s complaint about her children not living with her. The Court made that decision. We will not investigate her complaints about the Council’s reaction to her allegations of poor foster care. It is unlikely we could achieve more than the Council’s current response.

The complaint

1. The complainant, whom I shall call Miss X, says the Council should not have removed her children from her care, and are not caring for them properly.

Back to top

The Ombudsman’s role and powers

2. 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)
3. We have the power to start or discontinue an investigation into a complaint within our jurisdiction. We may decide not to start or continue with an investigation if we think the issues could reasonably be, or have been, raised within a court of law. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended)
4. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word 'fault' to refer to these. We must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’. We provide a free service, but must use public money carefully. We may decide not to start or continue with an investigation if we believe:
• it is unlikely we would find fault, or
• we cannot achieve the outcome someone wants. (Local Government Act 1974, section 24A(6), as amended)

Back to top

How I considered this complaint

5. I considered the information Miss X provided with her complaint and the Council’s responses which it provided. I considered Miss X’s comments on a draft version of this decision.

Back to top

What I found

Background

6. Miss X has six children. Four of them live with their fathers. The Court decided the Council should care for the eldest two children. It made a Care Order.
7. The Council says the Care Order sets out the contact Miss X should have with the children as four times a year. It has kept to this.
8. Miss X says the children should never have been removed from her care. She says they should be returned to her care. She says she has told the Council she believes the foster carers are not caring for them properly. She says the Council has not considered her claims.
9. The Council says it considered Miss X’s allegations. The Council held a looked after child review meeting in April which it says Miss X attended. It says it has appointed an Independent Reviewing Officer for the children who attends the meetings. It says it will continue to consider allegations when they are made. It says it has no evidence from the professionals involved with the children that they are not being adequately cared for.

Analysis

10. We cannot investigate why Miss X’s children no longer live with her, nor whether they should have been removed from her care. This is because the Court decided it was the right decision to remove the children. It also decided the eldest two should be cared for by the Council. We cannot change this decision. Nor can we achieve the outcome Miss X wants of her children returning to her care.
11. The Council has held the required review meetings. Each allegation Miss X makes the Council is considering. Our investigation could achieve no more. She has the opportunity to tell the review meetings of her concerns so all the professionals involved with the children are aware.

Back to top

Final decision

12. The Ombudsman will not and cannot investigate this complaint. This is because we cannot overturn the Court’s decision and it is unlikely we could achieve more than the Council’s current response to her allegations of poor care.

Back to top

Investigator's decision on behalf of the Ombudsman