Summary: Miss X complains the Council has sought to have her children removed from her care and has lied in court when doing so. She says it has torn her family apart and its actions have caused her emotional harm. The Ombudsman cannot investigate Miss X’s complaint. This is because the matters she complains about have already been, or are in the process of being considered in court. This means they are out of our jurisdiction.

The complaint

1. The complainant, who I shall refer to as Miss X, complains the Council has sought to have her children removed from her care and has lied in court when doing so. She says it has torn her family apart and its actions have caused her emotional harm.

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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 says the Council has been to court and removed two of her children from her care. She states it also seeking to remove two of her other children from her.
6. Whilst seeking the removal of her children, she says it has made false allegations against her. She also says it has lied in court about her striking her children and the amount of support she has been given.

Analysis

7. The law says the Ombudsman cannot investigate any matter which has already been, or is in the process of being considered in court. In this case, it is clear the matters which Miss X complains about have been or will be considered in court. Therefore, I cannot investigate her complaint.
8. If she wants to challenge the information presented by the Council about her case, she should do this in court so the judge can consider her concerns.

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Final decision

9. The Ombudsman cannot investigate Miss X’s complaint. This is because the matters she complains about have already been, or are in the process of being considered in court. This means they 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