Summary: The Ombudsman cannot investigate Mr X’s complaint that the Council took his children into care and gave a court false information about the family history. The complaint is outside the Ombudsman’s jurisdiction because a court decided what should happen to the children.

The complaint

1. Mr X complains that in 2017 the Council removed his children from the family home in a dramatic way and took court proceedings. Mr X says the Council’s court report included false allegations and inaccurate information. Mr X says his children were placed in three foster homes and the Council acted to destroy his family. Mr X says the Council’s action caused him to get into debt. He says the Council promised to pay for his business losses but did not do so. Mr X says he wants justice.

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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 cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council has done. (Local Government Act 1974, sections 26B and 34D, as amended)
4. The law says we cannot normally investigate a complaint when someone could take the matter to court. However, we may decide to investigate if we consider it would be unreasonable to expect the person to go to court. (Local Government Act 1974, section 26(6)(c), as amended)

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How I considered this complaint

5. I have considered Mr X’s comments and information including his comments on events over many years. I have considered the Council’s complaint replies to Mr X dated 18 January and 19 July 2019 and a letter dated 6 November 2019 following a meeting with him.

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What I found

6. Mr X says the Council took his children into care in 2017. There is reference to the involvement of the police. The Council in early 2019 stated a court was considering the welfare of the children. In July 2019, the Council referred to the children having returned home.

Analysis

7. The Ombudsman cannot investigate Mr X’s complaint for the following reasons:
8. The Ombudsman cannot investigate what happens in court (see paragraph 2 above). This includes any application by the Council to remove the children, the content of court reports and the Council’s evidence to court.
9. Mr X first complained to the Ombudsman in July 2019. Events before July 2018 are outside jurisdiction because Mr X complains late and outside the permitted period of 12 months (see paragraph 3). This includes the family history, the removal of the children, and the foster care placements when the children came into care. I will not exercise discretion to investigate because we cannot achieve what Mr X wants. The court decided what should happen to the children.
10. A claim for business losses is outside jurisdiction because Mr X has or had a legal remedy at court (paragraph 4). This could include evidence that the Council promised to pay for business losses. I will not exercise discretion to investigate because I consider it reasonable for Mr X to use his legal remedy. A court has the power to decide such a claim and award compensation.

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Final decision

11. The Ombudsman cannot investigate Mr X’s complaint that the Council took his children into care and gave a court false information about the family history. The complaint is outside the Ombudsman’s jurisdiction because a court decided what should happen to the children.

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Investigator's decision on behalf of the Ombudsman