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

The complaint

1. Miss X complained about the Council’s assessment of her children’s case. She said the Council was biased towards the children’s father and supported him to gain care of the children despite her concerns about him. She said the Council and the courts made the wrong decision, and she did not have the opportunity to make her own representations in court. She wanted the Council to place her children back in her care.

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The Ombudsman’s role and powers

2. 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

3. I considered information provided by the complainant and the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. The law prevents us investigating matters that have been considered in court. Miss X’s complaint is about the Council’s representations to court. We cannot consider the Council’s Section 37 report, which is court-ordered.
6. We have no power to change the court’s decision. Only the court, not the Council nor the Ombudsman, can decide where Miss X’s children should live. It is open to Miss X to refer the matter back to the courts.

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Final decision

7. We will not investigate Miss X’s complaint because the law prevents us from investigating matters that have been considered in court.

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Investigator's decision on behalf of the Ombudsman