Summary: We cannot investigate Miss X’s complaint about the Council’s involvement with her children. This is because the law prevents us from investigating anything that has been or is the subject of court proceedings.

The complaint

1. Miss X makes various complaints about the Council since its involvement with her family in 2017. She complains about the information it provided to the court that led to her children being removed from her care. Miss X wants her children returned to her, her and their recorded rectified, compensation and suitable rehousing outside the Council’s area.

Back to top

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 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 Ombudsman’s Assessment Code.

Back to top

Final decision

5. We cannot investigate Miss X’s complaint because the court ultimately made the decision to remove her children from her care. If she believes the court’s decision was based on false or inaccurate information, she would need to raise this with the court. We cannot act in place of the court, nor could we order Miss X’s children be returned to her care.

Back to top

Investigator's decision on behalf of the Ombudsman