Summary: We cannot investigate Mrs X’s complaint about her children being removed from her care and about contact with her children because it lies outside our jurisdiction. The law prevents us from investigating complaints about matters that have been considered and decided in court.

The complaint

1. The complainant, Mrs X, complains her children were removed from her care and that a contact order was not put in place so that she could see them.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse effect on the person making the complaint, which we call ‘injustice’. 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.
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 the complainant and the Council.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. Mrs X complained to the Council about her children being removed from her care and about a contact order not being put in place.
8. The Council told Mrs X it could not consider her complaint via its complaints procedure because it was about a decision made by the court and which can only be changed by the court. It advised her to seek legal advice in relation to the concerns raised.
9. We cannot investigate Mrs X’s complaint. It lies outside our jurisdiction because it is about matters that have been considered and decided in court proceedings. The law prevents us from investigating complaints about such matters and we have no discretion to do so.

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Final decision

10. We cannot investigate Mrs X’s complaint because it lies outside our jurisdiction and the law says we cannot consider it.

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Investigator's decision on behalf of the Ombudsman