Salford City Council (22 012 853)
Category : Children's care services > Child protection
Decision : Closed after initial enquiries
Decision date : 13 Jan 2023
The Ombudsman's final decision:
Summary: We cannot investigate this complaint about the Council removing Miss X’s children. These matters are not separable from court action.
The complaint
- Miss X said the Council separated her from her children. She said this was very difficult for her and her children. She wanted us to ask a judge to revoke a court order.
The Ombudsman’s role and powers
- The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
- 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)
How I considered this complaint
- I considered information provided by the complainant and the Council.
- I considered the Ombudsman’s Assessment Code.
My assessment
- The matter complained of is the separation of Miss X from her children. Only a court can order that or revoke an order. We have no authority to investigate matters that are or have been subject to court action. We cannot make requests to a judge.
Final decision
- We cannot investigate Miss X’s complaint because the matters complained of are not separable from court action.
Investigator's decision on behalf of the Ombudsman