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

The complaint

1. Miss X complains about the way in which court proceedings about her children were conducted. She believes there was clear evidence to show her child’s injury was accidental, which the court ignored. She believes she was treated unfairly as her other newborn child was placed for adoption. Miss X also complains about the way her grandmother was treated when giving evidence in court proceedings. She believes this hastened her grandmother’s health decline. She wants a review of case handling, apology and compensation for the distress caused to her and her family.

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The Ombudsman’s role and powers

2. 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))
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)

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How I considered this complaint

4. I considered information provided by the complainant and the Ombudsman’s Assessment Code.

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Final decision

5. We will not investigate Miss X’s complaint because the issues about her children have been the subject of court proceedings. The law prevents us from investigating anything that has happened in court. This includes any involvement of the Council in those proceedings. Miss X should have raised any concerns she had about the Council or the court proceedings with the court directly or through her legal representative(s). We have no power to intervene or make decisions in place of the court. Miss X will need to return to court if she wishes to challenge the decision to place her child for adoption or any other matters of dispute.

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Investigator's decision on behalf of the Ombudsman