Summary: We cannot investigate Mr B’s complaint that the Council has been at fault in its involvement with his family, resulting in his children being placed in foster care. This is because the actions about which he has complained are not separable from matters which have been considered and decided in court.

The complaint

1. The complainant, who I will refer to as Mr B, complains that the Council has been at fault in its involvement with his family. As a result, his children have been placed in foster care and he and his partner have been caused unnecessary distress.

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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)
4. The Courts have said that we cannot investigate a complaint about any action by a council, concerning a matter which is itself out of our jurisdiction. (R (on the application of M) v Commissioner for Local Administration [2006] EHWCC 2847 (Admin))

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How I considered this complaint

5. I have considered what Mr B has said in support of his complaint and the correspondence he has provided. I have offered Mr B the opportunity to comment on a draft of this decision.

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What I found

6. Mr B’s children have been the subject of child protection action and care proceedings. Mr B argues that the social workers involved in the case have been at fault and have acted unprofessionally. In his view, the language social workers have used in reports and the evidence they presented in court were unreasonable and contributed to an unfavourable outcome for the family. In addition, he complains that the Council has failed to provide him and his partner with information and support.
7. The Ombudsman cannot investigate Mr B’s complaint because it concerns matters which have been considered and decided in court. It was for the Court to decide whether to place Mr B’s children in care and how long they remain there. By law, the Ombudsman cannot consider evidence submitted to the Court, or how that evidence was produced.
8. The actions of social workers have been tested in court and we cannot intervene. The matters about which Mr B complains are not separable from the matters decided in court and we cannot consider them. If Mr B is unhappy with the outcome, and believes the Council’s actions were material to it, his recourse is to go back to court.

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Final decision

9. We cannot 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