Summary: We will not investigate this complaint about the Council’s decision to place Mr X’s child in foster care and its alleged failure to safeguard Mr X’s child while in the foster placement. The matter is before the courts, and we have no legal power to investigate.

The complaint

1. Mr X complained the Council placed his child into foster care, where they are being neglected and not properly cared for. Mr X said the Council ignored his concerns about this. Mr X said the matter caused him significant distress, and he wanted the child to be returned to the family home and the responsible workers dismissed. He also wanted compensation for the impact of the matter.

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The Ombudsman’s role and powers

2. 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

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

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My assessment

5. We have no power to consider the Council’s decision to begin care proceedings. Only the courts, not the Council or the Ombudsman, can decide whether a child should be taken into care and whether it is in a child’s best interests to return to their family.
6. Mr X has raised his concerns about his child’s wellbeing while in foster care, as part of the proceedings. This is the correct course of action. We have no power to consider any elements of this complaint.

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Investigator's decision on behalf of the Ombudsman