Summary: We will not investigate this complaint about the circumstances in which the complainant's child went into the Council’s care. This is because it does not meet the tests set out in our Assessment Code. We have no remit to investigate matters which are currently subject to or closely linked to court proceedings.

The complaint

1. The complainant, who I will refer to as Mrs X, complains that the Council has gone back on their voluntary agreement that it would return her child to her care once she found a permanent home.

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The Ombudsman’s role and powers

2. We provide a free service but must use public money carefully. We do not start an investigation if we decide the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)
3. 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)
4. We have the power to start or end an investigation into a complaint about actions the law allows us to investigate. We may decide not to start or continue with an investigation if we think the issues could reasonably be or have been mentioned as part of the legal proceedings regarding a closely related matter. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended, section 34(B))

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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. Mrs X says she has a permanent home now and wants her child back. She complains that the Council is instead taking care proceedings against her.
8. The Ombudsman will not investigate Mrs X’s complaint due to the ongoing court proceedings. The decision over her daughter’s care will be made by the Court and the law prevents us from considering it. This restriction also applies to the evidence on which the Court will be making its decision, including evidence provided by Mrs X, who can raise her points in court. So, by law we cannot investigate.

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Final decision

9. We will not investigate Mrs X’s complaint because it concerns matters which will be decided in court or are closely linked to those matters.

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Investigator's decision on behalf of the Ombudsman