West Northamptonshire Council (23 000 066)
Category : Children's care services > Child protection
Decision : Closed after initial enquiries
Decision date : 25 Apr 2023
The Ombudsman's final decision:
Summary: We cannot investigate this complaint about the Council removing Miss X’s children. This matter is one that has been subject to court proceedings or could only be decided by a court.
The complaint
- Miss X said the Council used anti-psychotic drugs to try to control her, removing her infant child. She said it is planning to do the same when she gives birth to the child she is now carrying. She said the Council should do new assessments as it previously did this when she was on anti-psychotic drugs.
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)
- 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
- A legal bar prevents us investigating matters that have been subject to court action. Any decision by the Council to remove Miss X’s child would have been subject to court approval. Any future decision to remove a new-born child would also have to be approved by a court. It would therefore be reasonable for Miss X to use her right to go to court to seek changes to the care arrangements for her child, and to contest any future decision of the Council regarding whether she should retain the care of her child after giving birth.
Final decision
- We cannot investigate Miss X’s complaint because the matters complained of are not separable from matters that have formed part of court proceedings. It would also be reasonable for Miss X to use her right to go to court to contest any imminent decision of the Council regarding her unborn child, as only a court could decide who is best placed to care for that child.
Investigator's decision on behalf of the Ombudsman