Summary: Miss X complains the Council fabricated a report which it submitted to the family court and this led to her daughter being removed from her care. She says these actions have harmed her daughter’s wellbeing and had a financial impact on her. She wants the case sent back to court and her daughter returned to her care. 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 fabricated a report which it submitted to the family court and this led to her daughter being removed from her care. She says these actions have harmed her daughter’s wellbeing and had a financial impact on her. She wants the case sent back to court and her daughter returned to her care.

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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 in support of her complaint.

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What I found

5. Miss X’s complaint is about a report the Council submitted to the family court which was considered by the judge.
6. The law says the Ombudsman cannot investigate any matter which has already been considered in court. Therefore, I cannot investigate Miss X’s complaint.

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Final decision

7. 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.

Investigator’s final decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman