Summary: The Ombudsman cannot investigate Miss X’s complaint the Council lied in court reports to place her child into care. This is because the complaint concerns a decision made by the court.

The complaint

1. Miss X complains the Council started court proceedings to get a child protection plan too early and lied in court reports.
2. Miss X is unhappy the Court decided to remove her child due to the lies in the Council’s reports.

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The Ombudsman’s role and powers

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 have considered Miss X’s complaint to the Ombudsman and the information she provided. I have written to Miss X with my draft decision and given her an opportunity to comment.

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What I found

5. We cannot investigate Miss X’s complaint because it concerns a decision made by the court. Although councils may start proceedings and make recommendations, the decisions in care proceedings are for the courts.
6. We cannot override the court’s decision to grant a Care Plan.
7. We cannot investigate how the Council conducts itself during the Care Proceedings. This includes the validity of the interim care order which is a matter for the court.
8. It is for the court to decide the appropriateness of reports or documents provided as part of its decision.

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Final decision

9. My decision is that the Ombudsman cannot investigate this complaint. This is because the complaint concerns a decision made by the court.

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Investigator's decision on behalf of the Ombudsman