Summary: We cannot investigate this complaint about how the Council dealt with child protection matters. This is because it is about what happened in court.

The complaint

1. Miss X complains about how the Council dealt with child protection matters concerning her children. She says the Council wrongly accused her partner of child abuse leading to the commencement of court proceedings which the Council delayed by failing to attend hearings and delayed providing the courts with information it requested.

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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. I cannot investigate Miss X’s complaint. The issues she raises are about matters that were subject to court proceedings. We can’t investigate information provided to the courts or the Council’s actions during proceedings.

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Final decision

7. We cannot investigate Miss X’s complaint because it is about what happened in court.

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Investigator's decision on behalf of the Ombudsman