Summary: We will not investigate this complaint about the actions of the Council’s Children’s Services department in relation to the complainants’ family. This is because the actions complained of are connected with court proceedings and are therefore out of our jurisdiction.

The complaint

1. The complainants, who I refer to here as Ms J and Mr K, complain that the Council:
• Unjustly took their children into care;
• Refused to allow Mr K to complain as he was not part of the original complaint made by Ms J; and
• Refused to accept a complaint about the evidence provided in court by Children’s Services.

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The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
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 considered the information provided by Ms J and I sent her an initial view for her comments.

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What I found

5. Ms J and Mr K complain about the statements and actions of social workers for the Council during the care proceedings for their children. They feel that the social workers misrepresented them, and misled the courts.
6. We cannot investigate the complaint as we are prohibited from considering any complaint relating to and involving court procedures. Any complaint about them, or challenge to the outcomes must be made to the courts.

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Final decision

7. I cannot investigate this complaint as it relates to matters concerning court proceedings.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman