Summary: We cannot investigate this complaint about where Miss X’s children should live. There has been court action about this matter and only a court can make further decisions.

The complaint

1. Miss X said the Council had moved her children away from the care of a foster carer who was able to care well for them.

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The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
3. We cannot investigate a complaint if someone has started court action about the matter. (Local Government Act 1974, section 26(6)(c), as amended)
4. 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

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

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My assessment

7. The complaint concerns who may best care for Miss X’s children. There has already been court action and only a court can decide where they should live.

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Final decision

8. We cannot investigate Miss X’s complaint because there has been court action and only a court could order new arrangements for the care of her children.

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Investigator's decision on behalf of the Ombudsman