Summary: We cannot investigate this complaint about the Council’s decision to place Miss X’s children with her mother. The placement was subject to a care order, and we cannot investigate matters that have been or could reasonably have been raised in court. The matters complained of are not separable from that. Miss X has a right it would be reasonable to use to return to court to seek other arrangements.

The complaint

1. Miss x said the Council wrongly placed her children with her mother. She said it should not have done this as her mother had been neglectful in her own parenting and they were at risk of harm.

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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 if someone has started court action about the matter. (Local Government Act 1974, section 26(6)(c), as amended)
4. 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))
5. The law says we cannot normally investigate a complaint when someone could take the matter to court. However, we may decide to investigate if we consider it would be unreasonable to expect the person to go to court. (Local Government Act 1974, section 26(6)(c), as amended.

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How I considered this complaint

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

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My assessment

8. The matters Miss X complains of are all closely linked with decisions about who should best care for her children. These were subject to a court order, and we cannot investigate them.

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Final decision

9. We cannot investigate Miss X’s complaint because the matters she complains of are closely linked to matters subject to court action. Miss X also has a right to return to court it would be reasonable to use to seek different arrangements for her children’s care.

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Investigator's decision on behalf of the Ombudsman