Summary: We will not investigate this complaint about the actions of Council staff affecting the complainant’s family. This is because the complaint matters were considered and decided in court. The actions of the Council’s staff cannot be separated out from matters we have no remit to consider.

The complaint

1. Miss X complains about the actions of one officer over a period of two years after her children were removed from her care. Miss X says her views were not taken into account and the officer was biased against her. She says she spent two years of the proceedings trying to rectify matters and this has adversely affected her mental health.

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

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My assessment

6. The Ombudsman cannot consider matters which have been to court. Miss X was represented in the legal proceedings and the court decided the living arrangements for her children. The actions of the Council officer in question are inextricably linked to court action and we cannot investigate.

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Final decision

7. We cannot investigate Miss X’s complaint because we cannot consider complaints connected to matters decided in court.

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Investigator's decision on behalf of the Ombudsman