Summary: The Ombudsman cannot investigate Miss A’s complaint that the Council has allowed her daughter to be placed with her former partner. This is because the complaint concerns a decision made by the court.

The complaint

1. The complainant, who I will refer to as Miss A, complains that the Council has allowed her daughter to be placed with her former partner.

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The Ombudsman’s role and powers

2. 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

3. I have considered what Miss A has said in support of her complaint.

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What I found

4. Miss A says the Council initiated care proceedings which led to her daughter being placed with her former partner. Miss A says the Council should have carried out psychological checks on her former partner before placing their daughter with him.
5. The Ombudsman cannot investigate Miss A’s complaint because it concerns a decision made by the court. Although councils may initiate proceedings and make recommendations, the decisions in care proceedings are for the courts. The decision to place Miss A’s daughter was made by the court. As such, the law prevents the Ombudsman from investigating it.

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Final decision

6. The Ombudsman cannot investigate this complaint. This is because it concerns a decision made by the court.

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Investigator's decision on behalf of the Ombudsman