Summary: We cannot investigate this complaint about the Council’s child protection proceedings and court action. The complaint is not separable from matters Miss X raised or could have raised in court.

The complaint

1. Miss X complained her child was removed from her care. She said the Council said she is mentally unwell and it lied to the police.
2. She said she raised safeguarding concerns about her child’s foster carers, and the Council did not respond properly. She wants her child to be returned to her care.

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The Ombudsman’s role and powers

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)
5. 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))

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How I considered this complaint

6. I considered information provided by the complainant and the Council.
7. I considered the Ombudsman’s Assessment Code.

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My assessment

8. We cannot investigate complains about decisions made in court.
9. Miss X’s complaint and the Council’s complaint responses reference court action in which Miss X raised or could reasonably have raised her complaints.

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Final decision

10. We cannot investigate Miss X’s complaint because it not separable from matters Miss X raised or could have raised in court

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Investigator's decision on behalf of the Ombudsman