Summary: We will not investigate Miss X’s complaint about the Council’s actions while her child was in foster care. This is because decisions about her child’s future are for the court and the law prevents us from investigating complaints about matters that have been subject to, and decided in court proceedings.

The complaint

1. Miss X says the Council did not properly consider her child’s safety when it placed her in foster care. She wants the case reopened in court. She says this has caused her distress.

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The Ombudsman’s powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
3. The law says we cannot normally investigate a complaint when someone could take the matter to court. However, we may decide to investigate if we consider it would be unreasonable to expect the person to go to court. (Local Government Act 1974, section 26(6)(c), as amended)
4. 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

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

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My assessment

7. Miss X says the Council did not properly consider her child’s safety when it placed her in foster care.
8. A court has made care and placement orders, putting the child in the Council’s care. This means decisions about the child’s future are for the court, not for the Ombudsman.
9. We will not investigate this complaint. The law prevents us from investigating matters that have been, or are closely connected with, court proceedings.
10. Miss X also raised concerns about a social worker. The Ombudsman cannot investigate concerns about whether a social worker has met professional standards of conduct. Complaints of this nature should be referred to Social Work England.

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Final decision

11. We will not investigate Miss X’s complaint because the law prevents us from investigating anything that is or has been the subject of court proceedings.

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Investigator's decision on behalf of the Ombudsman