Summary: The Ombudsman cannot investigate Ms X’s complaint that the Council took her children into care and that its court report contained lies and mistakes. We have no power to investigate court proceedings including the content of reports.

The complaint

1. Ms X complains that the Council removed her children from her and took care proceedings. Ms X says she had given birth, could not leave hospital, and it was hard to be involved in court. Ms X complains the Council’s court report includes a lot of lies and mistakes and that she did not see it until after the court. Ms X says the court recently heard the case and she wants the Council to correct the court report.

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The Ombudsman’s role and powers

2. 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

3. I have considered Ms X’s information and comments. I have considered the Council’s reply to her complaint.

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What I found

4. The Council says Ms X was legally represented in court. It says the court decided the case earlier this year.

Analysis

5. I cannot investigate this complaint for the following reason:
6. The complaint is outside the Ombudsman’s jurisdiction because the case was dealt with by a court (see paragraph 2 above). We cannot investigate the court’s decision to remove the children and to place them in care. We cannot investigate the Council’s evidence to court including the social worker’s reports. Ms X’s involvement in the court case and receipt of any report is also part of court proceedings.

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Final decision

7. The Ombudsman cannot investigate Ms X’s complaint that the Council took her children into care and that its court report contained lies and mistakes. We have no power to investigate court proceedings including the content of reports.

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Investigator's decision on behalf of the Ombudsman