Summary: We will not investigate this complaint about the Council’s involvement with Miss X’s sibling’s children. The complaint is about matters that have been subject to court proceedings, which the law prevents us considering.

The complaint

1. Miss X complained about the Council’s involvement in her sibling’s children’s case. She said it wrongly initiated court proceedings and removed the children from their parents’ care and from her home, thus failing to keep the family together or to support the children’s wellbeing. She said it manipulated concerns the family raised and failed to respond to complaints. Miss X said the matter caused significant distress. She wanted the Council to take accountability.

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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)

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How I considered this complaint

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

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My assessment

6. Miss X’s complaint is about the Council’s decision to start court action and events as part of proceedings such as the Council’s representations to the court. The law expressly prohibits us from investigating matters that have been subject to court proceedings. Only the court can decide to remove a child. Neither we, nor the Council, have the power to change a decision made by the courts.

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Final decision

7. We will not investigate Miss X’s complaint because it is about the start of court proceedings and what happened in court, which the law prevents us from investigating.

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Investigator's decision on behalf of the Ombudsman