Summary: We cannot investigate X’s complaint about the conduct of Court care proceedings. We cannot achieve the aim X wishes of the return of their child to their care. And we will not investigate the Council’s decision to change a looked after child’s school without X’s consent as it is unlikely we would find fault.

The complaint

1. X says the Council should return her child, B, to her care. She complains about issues with Court proceedings and documents and B changing schools.

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The Ombudsman’s role and powers

2. The law says we cannot normally investigate a complaint when someone could take the matter to court. However, we may decide to investigate if we consider it would be unreasonable to expect the person to go to court. (Local Government Act 1974, section 26(6)(c), as amended)
3. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact 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 or continue an investigation if there is not enough evidence of fault to justify investigating or we decide we cannot achieve the outcome someone wants. (Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

4. I considered information provided by X and the Council’s reply to them.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. X says in 2022 the police entered their home to remove B. The Council began court care proceedings in August 2023. The Court granted the Council a full Care Order in May 2024.
7. X says the Council failed to follow due process in the Court proceedings. They say notices, documents and forms were not properly submitted or signed. They say they were not given the Court orders in the proper format.
8. We cannot investigate the Council’s conduct during Court proceedings.
9. X says they want B returned to their care. We cannot achieve this outcome. Only a Court can amend the Court order.
10. X says the Council has changed B’s school without X’s agreement. Court Care Orders give the Council primary parental responsibility. This gives the Council the legal power to decide a child’s care without the biological parent’s agreement. We are unlikely to find fault in the Council not obtaining consent for changing B’s school.

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Final decision

11. We will not investigate X’s complaint because we cannot investigate Court proceedings. We cannot amend a Court order and it is unlikely we would find fault in the Council’s decision over a looked after child’s schooling.

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Investigator's decision on behalf of the Ombudsman