Summary: We cannot investigate Ms X’s complaint about the Council’s actions before a child was removed from her care. The actions are too closely linked to Court proceedings.

The complaint

1. Ms X complains about the way the Council’s children services team removed a baby from her care.

Back to top

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)
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))

Back to top

How I considered this complaint

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

Back to top

My assessment

6. Ms X gave birth to Y in early September 2025. The Council had held a pre birth child protection conference in May. Ms X says the Council failed to keep her informed of its intentions following May and September.
7. The Council held a family group meeting and met with Ms X in late August to discuss its viability assessment.
8. Following Y’s birth, the Council obtained a Court order to remove Y from Ms X and care for Y. Ms X disagrees with this order. She says is should not have been done in secrecy and she is unhappy at the way the Council removed Y.

Analysis

9. We cannot investigate the Court proceedings. Which includes the pre birth and viability assessments used in those proceedings. Any court proceedings held without Ms X in attendance would have been followed up with ones at which she was invited to attend. It is reasonable to expect her to tell the Court of her concerns about the Council’s pre birth actions if she believes it made a difference to her ability to care for Y.
10. The main injustice which flows from the Council’s action pre birth is the removal of Y. We cannot investigate why Y was removed because the Court ordered this.

Back to top

Final decision

11. We will not investigate Ms X’s complaint because we cannot investigate issues which are intertwined with Court proceedings.

Back to top

Investigator's decision on behalf of the Ombudsman