Sandwell Metropolitan Borough Council (20 006 614)
Category : Children's care services > Other
Decision : Closed after initial enquiries
Decision date : 18 Nov 2020
The Ombudsman's final decision:
Summary: The Ombudsman cannot investigate Mr X’s complaint that the Council lied in court and is responsible for the decision to place his daughter in foster care. The complaint is outside the Ombudsman’s jurisdiction because it is about what happened during court proceedings.
The complaint
- Mr X complains that the Council gave false information to a court which resulted in the removal of his daughter from his care and her placement in foster care. Mr X says he wants his daughter back and that he plans to sue the Council.
The Ombudsman’s role and powers
- 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)
How I considered this complaint
- I have considered Mr X’s information and comments. The information includes the Council’s letter dated 19 July 2017 which was its final reply to Mr X’s complaint which, he says, was before the action to remove his daughter.
What I found
- Mr X says that the Council carried out ‘a counterattack’ against him because he won his complaint in 2016/17. He says the Council used a false chronology and gave false evidence to a court. He says his daughter was removed from his care ‘based on lies that were harboured by the second judge’. Mr X says the Council placed his daughter in foster care.
Analysis
- I will not investigate this complaint because it is outside the Ombudsman’s jurisdiction. We cannot investigate matters considered by a court (see paragraph 2 above). This includes the Council’s evidence, recommendations, reports, and the court’s decision to remove Mr X’s daughter from his care.
Final decision
- The Ombudsman cannot investigate Mr X’s complaint that the Council lied in court and is responsible for the decision to place his daughter in foster care. The complaint is outside the Ombudsman’s jurisdiction because it is about what happened during court proceedings.
Investigator's decision on behalf of the Ombudsman