Summary: We will not investigate Ms X’s complaint about the removal of her sibling’s child from their care. The law prevents us from investigating anything that is or has been the subject of court proceedings.

The complaint

1. Ms X complains about the Council’s removal of her nephew from her sister’s care. She also complains the Council ignored her offers to care for her nephew. She wants her nephew returned to his family.

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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 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))
4. We may investigate complaints made on behalf of someone else if they have given their consent. (Local Government Act 1974, section 26A(1), 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. The Council has explained to Ms X that it cannot consider or respond to her complaints. This is because Ms X does not have her sister’s authority to act on her behalf. The Council advised Ms X to return to court as it made the decision to remove her nephew from his mother’s care.
8. The law prevents us from becoming involved in matters that are or have been the subject of court proceedings. It would be for Ms X to apply to the court if she wishes to alter her nephew’s current care arrangements. We have no power to intervene or make decisions in place of the court in such matters. Only the court can decide what is in a child’s best interest and on any matters of dispute, such as where a child is placed.

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Final decision

9. We will not investigate Ms X’s complaint because the law prevents us from investigating anything that is or has been the subject of court proceedings.

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Investigator's decision on behalf of the Ombudsman