Summary: We will not investigate this complaint about the Council’s removal of the complainant’s daughter from her care. This is because the matter has already been decided in court.

The complaint

1. Mrs X complains about the Council’s decision to remove her daughter from her care. She says this has caused her distress.

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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. The Court of Protection deals with decision-making for adults who may lack capacity to make specific decisions for themselves. In this case it has decided where Mrs X’s daughter should live.
7. Mrs X can seek legal advice if she wishes to challenge the Court’s decision. We have no powers to intervene.

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Final decision

8. We will not investigate Mrs X’s complaint because it has been decided in court.

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Investigator's decision on behalf of the Ombudsman