Summary: We will not investigate Miss X’s complaint about the Council’s involvement with her children. The law prevents us from investigating anything that is or has been the subject of court proceedings.

The complaint

1. Miss X complains about the Council removing her children from her care.

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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 have the power to start or end an investigation into a complaint about actions the law allows us to investigate. We may decide not to start or continue with an investigation if we think the issues could reasonably be, or have been mentioned as part of the legal proceedings regarding a closely related matter. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended, section 34(B))

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How I considered this complaint

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

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Final decision

We will not investigate Miss X’s complaint because the law prevents us from becoming involved in matters that are or have been the subject of court proceedings. It would be for Miss X to raise any concerns about any information or reports the Council has prepared for the court in that forum. We have no power to intervene or make decisions in place of the court. Only the court can decide what is in children’s best interest and on any matters of dispute.

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Investigator's decision on behalf of the Ombudsman