Summary: We will not investigate Ms B’s complaint that the Council was at fault in taking her daughter into care. This is because the issue was subsequently decided in court. We cannot consider her complaint about the care her daughter received because she is not her daughter’s representative.

The complaint

1. The complainant, who I will refer to as Ms B, complains that the Council was at fault in taking her daughter into care and in the subsequent care of her daughter.

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The Ombudsman’s role and powers

2. 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)
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)
4. We may investigate complaints made on behalf of someone else if they have given their consent. (Local Government Act 1974, section 26A(1), as amended)

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How I considered this complaint

5. I considered information provided by the complainant and the Council.
6. I considered the Ombudsman’s Assessment Code.
7. The complainant has had the opportunity to comment on my draft decision. I have considered her comments.

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My assessment

8. Ms B’s children were the subject of a child protection enquiry. Ms B says her son placed himself into the care system. Her daughter was initially accommodated by the Council under a voluntary agreement. The Council then asked the Court to grant a full care order. Ms B complains about the circumstances in which the Council obtained care of her daughter. Specifically, she argues that she was misled into signing the voluntary agreement. She contends that the Council’s officers lied to remove her daughter from her care.
9. The Ombudsman will not investigate this aspect of Ms B’s complaint. The voluntary agreement was followed by full care proceedings. The decision to remove Ms B’s daughter from her care was therefore tested in court. That being the case, whether there was fault in the way care was initially obtained is not relevant.
10. The Ombudsman cannot consider court decisions or matters relating to them. Ms B had the right to make a case for her daughter to be returned to her care in court and the Ombudsman cannot intervene by law.
11. Ms B also complains about the care her daughter received. I understand that Ms B’s daughter is now 17 and is not in contact with Ms B. There is no indication that she consents to Ms B making a complaint about these matters. Without such consent, the Ombudsman cannot treat Ms B as her daughter’s representative in this matter and, by law, cannot consider a complaint about them.

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Final decision

12. We will not investigate this complaint. This is because it concerns a matter which was considered in court, and Ms B does not represent the person who is in the Council’s care.

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Investigator's decision on behalf of the Ombudsman