Summary: We cannot investigate this complaint about the Council removing Ms X’s child. This matter was subject to court action, and we are legally prevented from investigating it. Only a court can decide if criminal offences have been committed.

The complaint

1. Ms X said the Council kidnapped her child. She also said the Council committed various criminal acts.

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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)
4. We cannot investigate a complaint if someone has started court action about the matter. (Local Government Act 1974, section 26(6)(c), 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. The evidence provided by both parties confirms Ms X’s child’s residence was decided by a court. Criminal matters can only be decided by a court.

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Final decision

8. We cannot investigate Ms X’s complaint because it concerns matters that were decided in court. We are thus legally prevented from investigating them. Only a court can decide if criminal offences were committed.

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Investigator's decision on behalf of the Ombudsman