Summary: We will not investigate this complaint about Miss X’s children being in Council care. This is because the complaint does not meet the tests in our Assessment Code on how we decide which complaints to investigate. Where Miss X’s children live has been decided by a court and only a court can alter that.

The complaint

1. Miss X said the Council and a court put her children into care by relying on false evidence supplied by social services.

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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.
4. I considered the Ombudsman’s Assessment Code.

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Final decision

5. We will not investigate Miss X’s complaint because where her children live was decided by a court. There is an absolute bar against us investigating matters decided by a court.

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Investigator's decision on behalf of the Ombudsman