Herefordshire Council (21 007 713)

Category : Children's care services > Other

Decision : Closed after initial enquiries

Decision date : 10 Oct 2021

The Ombudsman's final decision:

Summary: We cannot investigate this complaint about the Council’s actions in removing Ms X’s child from her care. A court has decided the matter.

The complaint

  1. Ms X said the Council was at fault in removing her daughter from her care.

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The Ombudsman’s role and powers

  1. We cannot investigate a complaint if someone has started court action about the matter. (Local Government Act 1974, section 26(6)(c), as amended)

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How I considered this complaint

  1. I considered information provided by the complainant.
  2. I considered the Ombudsman’s Assessment Code.

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My assessment

  1. Only a court can decide where a child should live. A court decided Ms X’s daughter should not live with her. Only another court can change this decision.

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Final decision

  1. We cannot investigate Ms X’s complaint because the matter complained of has been decided by a court.

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Investigator's decision on behalf of the Ombudsman

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