Summary: We cannot investigate Mr X’s complaint about his children being removed from his care following family court proceedings because it lies outside our jurisdiction. The law prevents us from investigating complaints about matters that have been subject to court proceedings. We have no discretion to do so.

The complaint

1. Mr X complains his children were removed from his care without valid reason. He says this puts his children at risk of harm due to their mother’s circumstances. The case was considered and decided in family court proceedings.

Back to top

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)

Back to top

How I considered this complaint

5. I considered information provided by the complainant.
6. I considered the Ombudsman’s Assessment Code.

Back to top

My assessment

7. Mr X complains about the matter set out in paragraph 1, above.
8. We cannot investigate Mr X’s complaint because it lies outside our jurisdiction. Mr X’s complaint is about matters that have been subject to and considered in court proceedings. The law says we cannot consider complaints about such matters. Any dissatisfaction with the court’s decision would need to be returned to the court. It is not a matter we can consider and we cannot question or change the court’s decision. I can see from the information Mr X provided that he submitted an appeal against the court’s decision in 2022. That is the appropriate route to challenge the court’s decision.

Back to top

Final decision

9. We cannot investigate Mr X’s complaint because it is about matters that have been subject to court proceedings. The law says we cannot consider complaints about such matters. We have no discretion to do so.

Back to top

Investigator's decision on behalf of the Ombudsman