Summary: We cannot investigate Mrs X’s complaint about the Council’s decision to place her children in to care and related matters. This is because the issues Mrs X raises are not separable from the matters decided in the family court.

The complaint

1. Mrs X complains about the Council’s decision to take her children in to care. She says the Council has not followed the rules and its paperwork has had inaccuracies in it.
2. She says her health is suffering as she is not allowed to see her children.

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The Ombudsman’s role and powers

3. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
4. 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

5. I have read Mrs X’s complaint information and the Council’s response to her.

Assessment

6. Courts decide in cases of disputed living and contact arrangements for children. We are not a substitute for that. We have no powers to intervene in court proceedings or investigate reports prepared for the court. Mrs X can or could have raised her issues about the Council’s actions to the court.
7. The Ombudsman cannot separately investigate council officer actions without considering their consequences. In this case all the effect of the Council’s actions are in the court proceedings, reports and evidence.

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Final decision

I cannot investigate this complaint. This is because the issues raised are not separable from court proceedings.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman