Summary: We will not investigate this complaint about the Council’s involvement in Miss X’s children’s case. We have no power to consider matters the courts have considered, or the Council’s decision to begin care proceedings. We have no power to investigate police conduct.

The complaint

1. Miss X complained about misconduct by the Council and the police. Miss X said the Council and Police wrongly removed her child and placed them in foster care. She said the matter caused her family significant distress and caused physical harm to her child. Miss X said the Council also wrongly declined to investigate her complaint due to ongoing court involvement, which she says shows a lack of transparency and accountability. She wanted the Council to close the family to social services, apologise and pay compensation.

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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. 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))
4. We investigate complaints about councils and certain other bodies. We cannot investigate the actions of bodies such as the police. (Local Government Act 1974, sections 25 and 34(1), as amended)

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How I considered this complaint

5. I considered information provided by the complainant and the Council.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. Miss X’s complaint relates to the Council’s actions in the lead up to court involvement and its decision to initiate care proceedings.
8. We have no power to investigate the Council’s decision to begin court proceedings. Its reasons for doing so and its representations to the court are matters the law expressly prohibits us investigating. We also cannot consider the decision to place Miss X’s child into foster care, as this was a decision made by the courts.
9. We can also decide not to investigate matters that it would be reasonable for a complainant to raise as part of court proceedings. The matters Miss X has brought to us are all matters that are reasonable for her to raise in court. Her reasons for believing the Council’s actions were wrong are directly relevant to the court’s decision-making. We have no power to influence the court’s decision. Only the courts can make a decision about what is in Miss X’s children’s best interests. We will not investigate events that occurred prior to court action commencing.
10. We cannot investigate the conduct of police officers. The Independent Office for Police Conduct is the organisation that considers complaints about the police.

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Final decision

11. We will not investigate Miss X’s complaint because it is about matters that are being considered in court, and about the police over whom we have no jurisdiction.

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Investigator's decision on behalf of the Ombudsman