Summary: We will not investigate this complaint about Miss X’s child being in the care of others. We have no power to change a decision made by the courts and we could not achieve the outcome she seeks.

The complaint

1. Miss X complained the Council did not help when she requested her child return to her care. She said the matter has caused her worry about her child’s wellbeing, and she wanted the Council to arrange for the child to return to her care.

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The Ombudsman’s role and powers

2. 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)
3. The law says we cannot normally investigate a complaint when someone could take the matter to court. However, we may decide to investigate if we consider it would be unreasonable to expect the person to go to court. (Local Government Act 1974, section 26(6)(c), as amended)

We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We do not start or continue an investigation if we decide we cannot achieve the outcome someone wants. (Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

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

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My assessment

6. The law prevents us investigating the start of court action or what happened in court. We have no power to investigate the Council’s actions in relation to court proceedings, including its submissions to court. We have no power to change a decision the courts have made.
7. We could not decide where the child in question should live. Only the courts can decide this, and it is open to Miss X to seek legal advice with a view to seeking further court involvement.

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Final decision

8. We will not investigate Miss X’s complaint because it relates to decisions made by the courts, and we have no power to achieve the outcome Miss X seeks.

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Investigator's decision on behalf of the Ombudsman