Summary: We cannot investigate this complaint about the Council’s removal of Mrs X’s child. The matter complained of is not separable from matters that were before a court.

The complaint

1. Mrs X said the Council removed her child when she and her husband returned from holiday following a fictitious allegation. She said the judge who issued the first order said it was the first time in many years he had signed an order without speaking to the parents first. She said the couple’s child was kept away from them for six days and it took another two court cases to overturn the court’s decision.

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The Ombudsman’s role and powers

2. 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)
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. 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)

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How I considered this complaint

5. I considered information provided by the complainant.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. There is no doubt that the matters complained of would have been traumatic for the child and her parents. However, these matters are not separable from the conduct of court proceedings.

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Final decision

8. We cannot investigate Mrs X’s complaint because the matters complained of are not separable from the conduct of court proceedings.

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Investigator's decision on behalf of the Ombudsman