Summary: We cannot investigate Miss X’s complaint that the Council wrongly removed her children. A court decided where her children should live, and we have no discretion to consider the matter.

The complaint

1. Miss X said the Council was wrong to remove her children from her care.

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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. The courts have said that where someone has used their right of appeal, reference or review or remedy by way of proceedings in any court of law, the Ombudsman has no jurisdiction to investigate. This is the case even if the appeal did not or could not provide a complete remedy for all the injustice claimed. (R v The Commissioner for Local Administration ex parte PH (1999) EHCA Civ 916)

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How I considered this complaint

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

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What I found

5. A court decided Miss X’s children should not live with her. Understandably, she finds the separation distressing. However, we have no discretion to consider a matter that was decided by a court.

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Final decision

6. We cannot investigate this complaint. This is because a court decided where her children should live, and we have no discretion to consider this.

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Investigator's decision on behalf of the Ombudsman