Summary: We cannot investigate Mr X’s complaint that the Council has placed his child in foster care and is allowing him only 45 minutes a week supervised contact. We cannot investigate court proceedings.

The complaint

1. Mr X complains the Council started court proceedings and persuaded the court to place his recently born baby in foster care. He says the Council has given inaccurate information to the court about his behaviour and convictions. He says he is only allowed 45 minutes supervised contact a week which is not enough.

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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 Mr X’s information and comments. I have considered our decision not to investigate Mr X’s earlier complaint about the position of his older child (20 003 375, dated 28 August 2020).

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What I found

4. I understand the Council has recently started care proceedings and a court is dealing with the case. Mr X disagrees with the Council’s view of his behaviour and history. The court gave the Council the power to remove his child into foster care.

Analysis

5. I cannot investigate this complaint because it is outside the Ombudsman’s jurisdiction. We cannot consider what happens in a court or as part of a court case (see paragraph 2 above). This includes the Council’s evidence, reports and opinions given to the court. Mr X may dispute the evidence and can raise the level of contact with the court.

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Final decision

6. The Ombudsman cannot investigate Mr X’s complaint that the Council has placed his child in foster care and is allowing him only 45 minutes supervised contact a week. We cannot investigate court proceedings.

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Investigator's decision on behalf of the Ombudsman