London Borough of Hammersmith & Fulham (22 005 320)
Category : Children's care services > Child protection
Decision : Closed after initial enquiries
Decision date : 09 Aug 2022
The Ombudsman's final decision:
Summary: We will not investigate Ms X’s complaint about her child no longer living with her. We cannot investigate matters which a Court considered.
The complaint
- The complainant, whom I shall call Ms X, says the Council fabricated allegations against her and removed her child from her care.
The Ombudsman’s role and powers
- 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)
- 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)
How I considered this complaint
- I considered information provided by Ms X and the Council.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Ms X says the Council used false and fabricated allegations to get her child, D removed from her care. She says the pressure caused her to emotionally collapse during Court proceedings. She says this affected the Court’s decision. She says the Council’s fabricated allegation caused the NHS to diagnose and treat her wrongly.
- The Council refused in 2021 to investigate her complaint because it says the main issue was before a Court.
- The Court has decided D’s care. We cannot investigate with whom or where D should be cared for. We also cannot investigate the evidence and opinion the Council gave the Court.
- It is reasonable to expect Ms X to have told the Court about the Council’s pre Court actions, if she thinks they affected her ability to parent, or the Council’s case.
- It is reasonable to expect Ms X to complain to the NHS about the medical treatment she has received.
Final decision
- We will not investigate Ms X’s complaint because we cannot investigate matters considered by a Court.
Investigator's decision on behalf of the Ombudsman