Summary: We cannot investigate Miss X’s complaint about her children being removed from her care and the Council’s involvement in the proceedings. The law prevents us from investigating complaints about matters that have been subject to court proceedings. We have no discretion to consider such matters.

The complaint

1. Miss X complains the Council wrongly removed her children; bullied them; made up lies and manipulated the truth in court. Miss X says the Council should not have considered the case as there was a conflict of interest.

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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. We cannot consider Miss X’s complaint because it lies outside our jurisdiction. The law does not allow us to investigate complaints about matters that have been subject to court proceedings. We have no discretion to do so. This restriction means we cannot consider the Council's actions in the proceedings nor any reports or evidence it provided to the court for, or during, the proceedings. This is because it forms part of the proceedings. Ultimately, the decision to grant Care Orders in relation to Miss X’s children has been made by the courts. We cannot consider or question it.

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Final decision

7. We cannot investigate Miss X’s complaint because it lies outside our jurisdiction and the law says we have no discretion to consider it.

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Investigator's decision on behalf of the Ombudsman