Summary: We cannot investigate this complaint about the Council’s decision about care planning for children. The law prevents us from investigating complaints about the start of court action or what happened in court.

The complaint

1. Mrs X complains the Council decided to end its assessment of her as a foster carer.
2. Mrs X says this caused distress and uncertainty.
3. Mrs X wants the Council to recommence the assessment and return the children to her care.

Back to top

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)

Back to top

How I considered this complaint

6. I considered information provided by Mrs X.
7. I considered the Ombudsman’s Assessment Code.

Back to top

Final decision

8. We cannot investigate Mrs X’s complaint because the law prevents us from investigating complaints about the start of court action or what happened in court. This includes care planning decisions during court proceedings.

Back to top

Investigator's decision on behalf of the Ombudsman