Summary: Miss X complains the Council took her daughter into care and this action was unjustified. She says the case it presented in court was based on inaccurate information and it is not complying with the direction that was given by the judge. She states the Council’s actions have had a significant impact on her health and deprived her of spending precious time with her daughter. The Ombudsman cannot investigate Miss X’s complaint. This is because the matters she complains about have already been considered in court and therefore are out of our jurisdiction.

The complaint

1. The complainant, who I shall refer to as Miss X, complains the Council took her daughter into care and this action was unjustified. She says the case it presented in court was based on inaccurate information and it is not complying with the direction that was given by the judge. She states the Council’s actions have had a significant impact on her health and deprived her of spending precious time with her daughter.

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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 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 the information submitted by Miss X and provided her with an opportunity to comment on my draft decision.

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What I found

5. Miss X states her daughter was taken into care after the Council presented inaccurate information about her case in court.
6. Since then, she says it has not followed the directions given by the judge. Specifically, she states it did not tell her it allowed her daughter’s carers to obtain a passport for her. She also states it is not satisfied with the therapy she attended and says it is ‘shifting the goal posts’.
7. The law says the Ombudsman cannot investigate any matter which has already been considered in court. Therefore, I cannot investigate Miss X’s complaint. If she wants to raise any concerns about the way the Council has handled her case, she should do this in court.

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Final decision

8. The Ombudsman cannot investigate this complaint. This is because the matters which Miss X complains about have already been considered in court and therefore are out of our jurisdiction.

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Investigator's decision on behalf of the Ombudsman