Summary: We cannot investigate this complaint about the Council’s decision to remove Mr X’s children. The matter was decided by a court and only a court could change that.

The complaint

1. Mr X said the Council wrongly removed his children.

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The Ombudsman’s role and powers

2. We cannot investigate a complaint if someone has started court action about the matter. (Local Government Act 1974, section 26(6)(c), as amended)
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)

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How I considered this complaint

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

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My assessment

6. Following the Council’s decision to remove Mr X’s children, a court decided where they should live. The court’s involvement means we cannot investigate. Only a court can change where Mr X’s children live.

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Final decision

7. We cannot investigate Mr X’s complaint because a court decided where his children should live, and we have no authority to consider the complaint. Only a court can change their living arrangements and it would be reasonable for Mr X to return to court.

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Investigator's decision on behalf of the Ombudsman