Summary: We will not investigate this complaint about the Council’s assessment of Miss X’s child’s case. The law prevents us investigating matters that have been considered in court.

The complaint

1. Miss X complained about how the Council has handled her child’s case. Her complaints included the Council:
• failed to properly consider the family’s circumstances and refused to consider their evidence;
• sent the family to a placement which is unsuitable for her needs as an autistic person;
• made the decision to remove her baby based on Miss X’s autism;
• placed her and her partner’s signatures on documents without their consent;
• gave them incorrect information; and
• caused arguments and aggravated her.
2. Miss X said the Council’s actions caused harm to her baby and has negatively impacted her health. She said the Council’s poor-quality assessment resulted in the wrong conclusions being drawn. She wants the Council to reassess the family and properly take her autism into account.

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The Ombudsman’s role and powers

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 and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Miss X’s complaint relates largely to the Council’s assessment of her family’s circumstances and the resulting decision it made to begin court proceedings and recommend the family move into a placement following the birth of her baby.
7. The law prevents us from investigating councils’ decisions to begin court proceedings. It also prevents us from investigating the substance of the Council’s assessment submitted to court. The court, not the Council, ultimately decided what should happen in Miss X’s baby’s best interests. It was open to Miss X to raise all concerns she had with the Council’s assessment as part of that process.
8. We have no power to interfere in court decisions or recommend the Council completes new assessments for the court to reconsider the case.
9. Peripheral complaints, such as what information the Council communicated to the family and it allegedly placing Miss X’s and her partner’s signatures on documents, are too intertwined with the matters that have been considered in court and we cannot separate any parts of Miss X’s complaint from the substantive matter.

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Final decision

10. We will not investigate Miss X’s complaint because it is about matters that have been considered and decided in court.

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Investigator's decision on behalf of the Ombudsman