Summary: We will not investigate Miss X’s complaint about the manner of the removal of her children. This is not separable from matters that are for a court to decide.

The complaint

1. Miss X said the Council removed her children in a traumatic way, causing them severe stress.

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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 if someone has started court action about the matter. (Local Government Act 1974, section 26(6)(c), as amended)
4. The law says we cannot normally investigate a complaint when someone could take the matter to court. However, we may decide to investigate if we consider it would be unreasonable to expect the person to go to court. (Local Government Act 1974, section 26(6)(c), as amended)

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How I considered this complaint

5. I read Miss X’s complaint. I gave Miss X an opportunity to comment on a draft decision.

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What I found

6. The Council removed Miss X’s children due to concerns about harm. A court has since decided where they should live.

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Final decision

7. We will not investigate this complaint. This is because courts decide where children should live. The matters complained of are not separable from those where Miss X has a right to return to court it would be reasonable to use.

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Investigator's decision on behalf of the Ombudsman