Summary: We cannot investigate Mrs X’s complaint about her children being removed from her care and about matters relating to the ongoing court proceedings. The law prevents us from investigating complaints about matters that are being, or have been, considered in court proceedings. We have no discretion to do so.

The complaint

1. Mrs X complains her children have been unlawfully removed from her care. She says the allocated social worker is not always available; has made false claims in court and is breaching a court order.

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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 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)

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How I considered this complaint

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

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My assessment

6. Mrs X complained to the Council about the matters set out in paragraph one, above. The case is subject to ongoing court proceedings.
7. The Council said the decision to grant an interim care order had been made by the judge in the ongoing proceedings and it is unable to comment on the proceedings. It advised Mrs X to raise her concerns to the court via her legal representative so that they can be considered by the court during the proceedings.
8. We cannot investigate this complaint. The law does not allow us to investigate complaints about matters that are being, or have been, considered in court. We have no discretion to do so. This restriction also applies to the Council’s role in the proceedings and any evidence or reports it provides to the court as it forms part of the proceedings. As set out in the Council’s response, Mrs X’s concerns are best raised to the court so that the judge can consider them before the proceedings conclude. It is not a matter we can consider.

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Final decision

9. We cannot investigate Mrs X’s complaint because it lies outside our jurisdiction and the law says we cannot consider it.

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Investigator's decision on behalf of the Ombudsman