Peterborough City Council (23 007 994)
Category : Children's care services > Disabled children
Decision : Closed after initial enquiries
Decision date : 01 Oct 2023
The Ombudsman's final decision:
Summary: We cannot investigate this complaint about an attempt by the Council to remove Ms X’s child. The matter complained of is not separable from matters that either have been or could reasonably be raised in court.
The complaint
- Ms X said the Council has tried to remove her son to a place where he is not safe and with people who previously rejected him due to his disabilities. She said the Council has not stuck to court orders, and she has placed herself at risk by trying to care for him while recovering from an operation when she is not able to do so.
The Ombudsman’s role and powers
- The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
- 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))
How I considered this complaint
- I considered information provided by the complainant.
- I considered the Ombudsman’s Assessment Code.
My assessment
- The complaint concerns where it is safe and appropriate for Ms X’s son to be cared for. She says her son would not be safe if placed with members of his family who rejected him previously due to his disabilities. She says she can interpret his non-verbal reactions.
- The issue at hand is where it is right for Ms X’s son to be cared for. She has confirmed there has been court action previously. It is also clear that the removal of the child without her consent would require court approval. We have no legal authority to say where the child should live and who should care for him. The matters Ms X complains of are therefore not separable from matters that either have been or could reasonably be heard in court.
Final decision
- We cannot investigate Ms X’s complaint because the matters complained of are not separable from matters that have been or could reasonably be heard in court.
Investigator's decision on behalf of the Ombudsman