London Borough of Newham (24 006 392)
Category : Children's care services > Other
Decision : Closed after initial enquiries
Decision date : 11 Feb 2025
The Ombudsman's final decision:
Summary: We cannot investigate Mr X’s complaint about the Council’s actions in removing him and his siblings from their parents’ home, and the Council’s actions regarding his parents. The matters complained of are closely related to matters that have or could reasonably have been raised during court proceedings. Additionally, Mr X does not have parental responsibility for his siblings, and his parents could make their own complaint.
The complaint
- Mr X said the Council moved him and his siblings from their parents’ home. He said this was due to racism and that the Council had treated his parents badly for four years.
The Ombudsman’s role and powers
- The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
- 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))
- 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)
How I considered this complaint
- I considered information provided by the complainant.
- I considered the Ombudsman’s Assessment Code.
My assessment
- The matters complained happened when Mr X was still a child. The context involved alleged matters that led to police and court action. The complaint correspondence shows that Mr X’s right to return to the family home was decided by the court. We cannot investigate matters concerning him as a legal bar prevents us from doing so.
- Complaints about matters affecting Mr X’s parents and on behalf of his siblings are for his parents to deal with, though it is likely they would also be closely linked to decisions made by the courts.
Final decision
- We cannot investigate Mr X’s complaint because the matters he complains of are closely linked to matters subject to court action.
Investigator's decision on behalf of the Ombudsman