Summary: We cannot investigate this complaint about the Council’s involvement with the care of the complainants’ children. This is because the issues raised form part of court proceedings.

The complaint

1. Miss X complains that her children have been taken into care and about the ongoing care arrangements for them.

Back to top

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)

Back to top

How I considered this complaint

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

Back to top

My assessment

6. I cannot investigate Miss X’s complaint. We cannot investigate the start of court proceedings or what has happened in court. We therefore cannot investigate the Council’s decision to commence care proceedings in relation to Miss X’s children and cannot investigate decisions about the care arrangements of the children because these have been decided during court proceedings.

Back to top

Final decision

7. We will not investigate Miss X’s complaint because it is about a matter that is subject to court proceedings.

Back to top

Investigator's decision on behalf of the Ombudsman