Summary: We cannot investigate Miss X’s complaint about her children being removed from her care because it lies outside our jurisdiction. The law prevents us from investigating complaints about matters that are being considered in court. We have no discretion to do so.

The complaint

1. The complainant, Miss X complains her children have been removed from her care and are being abused whilst in care.

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

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My assessment

6. The Council has told Miss X it cannot consider her complaint because it is about matters that are subject to legal proceedings. It advised Miss X to raise her concerns to her legal representative.
7. We cannot investigate Miss X’s complaint. It lies outside our jurisdiction because it is about matters that are subject to ongoing court proceedings. The law prevents us from investigating complaints about such matters. We have no discretion to do so.

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Final decision

8. We cannot investigate Miss X’s complaint because it lies outside our jurisdiction and we have no discretion to consider it.

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Investigator's decision on behalf of the Ombudsman