Summary: We will not investigate this complaint about care planning for Miss Z’s children. This is because the law prevents us from investigating complaints about the start of court action or what happens in court.

The complaint

1. There are concurrent court proceedings for Miss Z’s children. Miss Z complains about the Council’s care planning decisions.
2. Miss Z says this caused distress.
3. Miss Z wants the Council to return the children to her care.

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The Ombudsman’s role and powers

4. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
5. 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

6. I considered information provided by Miss Z.
7. I considered the Ombudsman’s Assessment Code.

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Final decision

8. We will not investigate Miss Z’s complaint because the law prevents us from investigating complaints about the start of court action or what happens in court.

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Investigator's decision on behalf of the Ombudsman