Summary: Miss X complains that the Council failed properly to support her when she had mental health problems and, as a result, her children were taken into care in 2015. The complaint is outside our jurisdiction because the Court has decided where the children should live. It is too late now to look at what support was available before the children were removed from her care.

The complaint

1. The complainant, whom I shall call Miss X, complains that the Council failed properly to support her when she had mental health problems. She says that as a result her children were taken into 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)
4. We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council has done. (Local Government Act 1974, sections 26B and 34D, as amended)

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How I considered this complaint

5. I have considered information supplied by Miss X who has had an opportunity to comment on my draft decision.

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What I found

6. Miss X says that in 2015 she had a period of poor mental health as a result of which her children were taken into care and now live with family members under a Special Guardianship Order.
7. Miss X says that she asked for support to help her care for the children but the Council did not help and so her children were removed from her care. She says that her circumstances have now changed and she would like the children back which, she says, they also want.

Assessment

8. A court has decided where and with whom Miss X’s children should live and only a court has the power to change this. The Ombudsman cannot achieve what Miss X wants.
9. Miss X asked for support from the Council approximately four years ago which means that this complaint is late (see paragraph 4). I have considered whether we should make an exception to the rule about late complaints but have decided I should not because the key decisions have been made by a court which will have considered what was best for the children at the time.

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Final decision

10. I have decided that the Ombudsman cannot investigate this complaint. This is because decisions about where the children should live have been taken by the Court and are therefore outside our jurisdiction. It is too late now to look at the support offered to Miss X before the Court made its decisions.

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Investigator's decision on behalf of the Ombudsman