Wigan Metropolitan Borough Council (22 001 998)
Category : Children's care services > Child protection
Decision : Closed after initial enquiries
Decision date : 24 May 2022
The Ombudsman's final decision:
Summary: We cannot investigate this complaint about the Council removing Miss X’s child. This matter is not separable from the decisions of courts.
The complaint
- Miss X said her child was unlawfully removed from her care by the Council.
The Ombudsman’s role and powers
- We cannot investigate a complaint if someone has started court action about the matter. (Local Government Act 1974, section 26(6)(c), as amended)
- 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)
How I considered this complaint
- I considered information provided by the complainant.
- I considered the Ombudsman’s Assessment Code.
My assessment
- The matters complained of concern the actions of the Council in removing a child from Miss X’s care. It is clear there has already been court action, and only a court can validate or negate the Council’s actions in removing the child. There is a legal bar that prevents us investigating this complaint.
Final decision
- We cannot investigate Miss X’s complaint because the actions of the Council are not separable from matters that have been subject to court action. Miss X has a right to return to court it would be reasonable to use as only a court can order different arrangements.
Investigator's decision on behalf of the Ombudsman