Summary: We cannot lawfully investigate Ms X’s complaint about the loss of her children, the care plan for their future and the handling of contact. The complaints are part of court proceedings.

The complaint

1. Ms X complains the Council took her children into foster care two years ago because of suspected injury which she did not cause. Ms X says she does not know where the children live.
2. Ms X complains the Council failed to provide any support or help to enable the children to return home. She says the Council’s social worker told the court dealing with the case he had not tried.
3. Ms X complains the Council has arranged contact at a centre which is an artificial environment. She says there are restrictions about what she is allowed to give the children (made worse by the impact of covid 19) or say to them. She says she is not given enough time and the contact worker monitors her and makes notes.
4. Ms X complains the Council’s care plan is to place her children for adoption and that it looked for adopters behind her back. She says the Court has granted an adoption order. She says the court case has been delayed and she disagrees with the views of the court guardian. She says the court has refused to allow her mother to care for the children.

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The Ombudsman’s role and powers

5. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
6. 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

7. I considered information provided by the complainant and the Council.

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My assessment

8. I cannot investigate Ms X’s complaint which is outside the Ombudsman’s jurisdiction. We cannot investigate what happens as part of court proceedings (see paragraphs 5 and 6 above). This includes the care plan for the children, the decision they should be removed from their birth family, the handling of contact, and the social worker’s opinions and evidence to court. Ms X refers to having a barrister and her concerns have been or could be raised in court. The Council says the court case is ongoing.

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Final decision

9. The Ombudsman cannot lawfully investigate Ms X’s complaint about the loss of her children, the care plan for their future and the handling of contact. The complaints are part of court proceedings.

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Investigator's decision on behalf of the Ombudsman