Summary: We cannot investigate Mr X’s complaint about the Council’s involvement with his child. This is because these matters have been the subject of court proceedings. The law places an absolute and permanent bar of on investigating such matters.

The complaint

1. Mr X complains about the treatment of his infant child while placed in a facility commissioned by the Council. Mr X also wants the adoption of his child to cease and for the Council to allow the police to complete its investigation.

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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 and the Council.
5. I considered the Ombudsman’s Assessment Code.

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Final decision

6. We cannot investigate Mr X’s complaint because these matters have been the subject of court proceedings. The law prevents us from investigating anything that has been or is being considered by the courts. This is an absolute and permanent legal bar which means we cannot investigate even if proceedings have ended.

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Investigator's decision on behalf of the Ombudsman