Summary: The Ombudsman will not investigate Mrs B’s complaint that the Council has lied in order to obtain Interim Care Orders for her children. This is because the complaint concerns matters which have been considered and decided in court.

The complaint

1. The complainant, who I will refer to as Mrs B, complains that the Council lied in order to obtain Interim Care Orders for her children.

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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)
3. We have the power to start or discontinue an investigation into a complaint within our jurisdiction. We may decide not to start or continue with an investigation if we think the issues could reasonably be, or have been, raised within a court of law. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended)

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How I considered this complaint

4. I have considered what Mrs B has said in support of her complaint and the complaint correspondence provided by the Council. I have also considered what Mrs B has said in response to my draft decision.

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What I found

5. The Council obtained Interim Care Orders for Mrs B’s children. Mrs B complains that it acted unlawfully in applying for the orders and obtained them on the basis of lies and false reports. She argues that Council officers lied in order to meet the threshold for initiating legal proceedings. She says the children were placed in unsuitable settings, and that the Council failed to act in their best interests.
6. Mrs B also complains about the Council’s actions in respect of the ongoing legal action. Correspondence from the Council shows that the action has now concluded with final orders being issued.
7. Mrs B wants the Council to review the case and apply to the court to revoke the evidence it has submitted. She also wants it to take disciplinary action against the staff involved.
8. The Ombudsman will not investigate Mrs B’s complaint because it concerns matters which have been considered and decided in court. If Mrs B believed the Council lied to ensure the matter came to court, it was open to her to challenge the Council’s evidence. It is for the court to decide what weight to give to the evidence before it, including the legality and reasonableness of the applications.
9. The Council’s applications have been tested in court. They have not been found to be unlawful. The Ombudsman cannot intervene to criticise the decision to apply for the orders, or substitute an alternative view. If she is unhappy with the final orders the court has made, Mrs B’s recourse is to go back to court. The Ombudsman will not intervene.

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Final decision

10. The Ombudsman will investigate this complaint. This is because it concerns matters which have been considered and decided in court.

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Investigator's decision on behalf of the Ombudsman