Summary: We cannot investigate this complaint about the Council’s handling of children’s care arrangements. The decision about care of the children was made by a court, and the law prevents us from investigating.

The complaint

1. The complainant, Miss X, says her children were removed from her care illegally. She says they were then placed in an unsuitable environment.

Back to top

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 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

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

Back to top

My assessment

6. Miss X says her children have been removed from her care as a result of court proceedings instigated by the Council.
7. Miss X says she has been treated unfairly by Council officers and teachers. She says she has been made to leave meetings about her children. Miss X says she was also made to leave court during proceedings in relation to her children’s living arrangements, and says she has not been given the right to appeal against the outcome.
8. The care arrangements for the children have been decided by a court. The law says we cannot investigate what happened in court, or matters which are related to what a court has considered. The redress open to Miss X would be to go back to court.

Back to top

Final decision

9. We cannot investigate Miss X’s complaint because it concerns matters which have been considered in court.

Back to top

Investigator's decision on behalf of the Ombudsman