Summary: We cannot investigate this complaint about the Council’s decision to not consider the complainant’s application for two ‘looked after’ children to be placed in her care. This is because the issues raised cannot be separated from ongoing court proceedings.

The complaint

1. The complainant (Miss X) complains on behalf of her sister (Miss Q) about the Council’s decision to not consider her application for two ‘looked after’ children to be placed in her care in the event the courts decide they are unable to return to their parents. She says the Council’s decision was flawed and based on unevidenced concerns.
2. In summary, Miss X says the alleged fault has significantly impacted her sister’s health and wellbeing, as well as her work. As a desired outcome, Miss X wants the Council to be held accountable for the alleged failings, an apology and to remove information it holds about her.

Back to top

The Ombudsman’s role and powers

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).

Back to top

How I considered this complaint

4. I considered information provided by the complainant and the Council. I also considered the Ombudsman’s Assessment Code.

Back to top

My assessment

5. There are ongoing care proceedings initiated by the Council in respect of the two children subject to the Complainant’s application. The question of where the children should live is central to those proceedings. Moreover, the Council’s reasons for refusing the application relate to matters which resulted in children being taken into care and the proceedings being initiated. It is not possible for us to investigate this complaint and not consider and decide matters which being considered by the family court. The complaint cannot therefore be separated from the care proceedings. The restriction I outline at Paragraph 3 (above) applies.

Back to top

Final decision

6. We cannot investigate this complaint because the issues raised cannot be separated from court proceedings. We have no discretion in this respect.

Back to top

Investigator's decision on behalf of the Ombudsman