Summary: We cannot by law investigate this complaint about matters the complainant says adversely affected her son’s wellbeing while he was in foster care. This is because the issues raised by the complainant have already been considered and decided on by a court during the course of care proceedings.

The complaint

1. The complainant (Ms H) complains about the adequacy of care her son (Child X) received while in a foster care placement arranged by the Council. However, Child X is no longer in foster care and now has adoptive parents following the conclusion of care proceedings which were initiated by the Council. Mr H alleges the removal of her son from her care was unlawful and her concerns are not being listened to by the Council or taken seriously.
2. In summary, Ms H says the alleged fault has caused her to lose trust and confidence in the professionals with responsibility for the issues raised. She also says it has caused her significant distress and anxiety. As a desired outcome, Ms H wants the Council to act fairly and listen to her concerns.

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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).

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How I considered this complaint

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

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My assessment

5. As I understand, Ms H is complaining about alleged failings by the Council and the foster carers it arranged to care to Child X when he was subject to a care order. Ms H says the failings affected her the health and wellbeing of Child X. The allegations raised however relate to a period when there were active care proceedings in relation to Child X, who now lives with adoptive parents. In care proceedings, the paramount consideration of the court, which informs its decision-making, is the welfare of the child. The Council has confirmed the some of the Ms H’s concerns were brought to the court’s attention as part of those proceedings. Further, Child X received medical oversight when subject to the care order by the Council which the court will have considered to inform its decisions. The complaint issues have therefore been subject to legal proceedings and we have no legal jurisdiction to investigate and issue a decision on a matter already considered and decided by a court.

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Final decision

6. We cannot by law investigate this complaint. This is because the issues raised by the complainant have already been considered and decided on by a court.

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Investigator's decision on behalf of the Ombudsman