Summary: We cannot investigate this complaint about the actions of the Council in connection with the care of the complainant’s children. This is because the complaint concerns matters which have been considered in court, or are not separable from those matters.

The complaint

1. The complainant, Miss X, complains that the Council was at fault in connection with the removal of her children from her care.

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The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
3. 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)
4. The courts have said we can decide not to investigate a complaint about any action by an organisation concerning a matter which the law says we cannot investigate. (R (on the application of M) v Commissioner for Local Administration [2006] EHWCC 2847 (Admin))

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How I considered this complaint

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

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My assessment

7. Miss X’s children were the subject of child protection action during which they were removed from her care. They have subsequently been returned to her. Miss X regards the removal of her children as unlawful. She characterises the Council’s actions as amounting to legal entrapment, child trafficking and fraud.
8. The Council has declined to consider Miss X’s complaint because of ongoing legal proceedings. Miss X says all proceedings have concluded. She believes the Council should pay her substantial financial compensation.
9. The Ombudsman cannot investigate Miss X’s complaint. The decision to remove the children from her care was made by the Court. By law, we cannot investigate what happens in a court, so we cannot consider the decision.
10. The courts have held that we may not investigate anything which is inextricably linked to what happens in court. This includes the evidence the Council relied on in applying for care orders and any other information provided to the Court.
11. The evidence Miss X has provided shows that there has been significant legal action since the decision to remove the children, which provided her the opportunity to raise her concerns. There are no grounds for us to intervene.

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Final decision

12. We cannot investigate Miss X’s complaint because it concerns matters which have been considered in court, or are not separable from those matters.

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Investigator's decision on behalf of the Ombudsman