Summary: We cannot investigate this complaint about the removal of a passport. The passport was removed from Mr X by court order. The law prevents us from investigating complaints about what happened in court.

The complaint

1. Mr X complained the Council had removed his passport which prevented him from visiting his mother who lives abroad.
2. Mr X said this caused distress.
3. Mr X wants the Council to return his passport.

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The Ombudsman’s role and powers

4. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
5. 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

6. I considered information provided by Mr X and the Council.
7. I considered the Ombudsman’s Assessment Code.

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Final decision

8. We cannot investigate Mr X’s complaint because his passport was removed by court order. The law prevents us from investigating complaints about what happened in court.

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Investigator's decision on behalf of the Ombudsman