Summary: We cannot investigate Miss X’s complaint that the Council placed her child in an unsuitable residential home. This is because we have no jurisdiction to look at court decisions.

The complaint

1. Miss X complains that the Council placed her child, Y in a residential setting far from home. She complains the residential home has failed to keep Y safe.
2. Miss X wants Y to be placed closer to home.

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The Ombudsman’s role and powers

3. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
4. 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

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

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My assessment

7. I cannot investigate Miss X’s complaint. The Council told us Y’s placement had been decided by the courts. We have no jurisdiction to investigate or question court decisions.

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Final decision

8. We cannot investigate Miss X’s complaint because we have no jurisdiction to investigate court decisions.

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Investigator's decision on behalf of the Ombudsman