Summary: The Ombudsman cannot investigate this complaint about the residency of Mr X’s daughter. These matters were decided by a court and the Ombudsman has no discretion to consider them.

The complaint

1. Mr X complains the Council failed to consider him as a potential carer for his daughter.

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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 read Mr X’s complaint. I gave him the opportunity to comment on a draft of my decision.

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What I found

4. Mr X says his daughter would have been better placed with him, but that the Council made no effort to contact him. However, a court decided his daughter’s residency in 2014.

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Final decision

5. The Ombudsman cannot investigate this complaint. There is a statutory bar against this and there is no discretion.

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Investigator's decision on behalf of the Ombudsman