Summary: We will not investigate this complaint about a child in need assessment. The Council’s assessment is being used in court. We cannot investigate matters being considered by the Court.

The complaint

1. Miss X complained the Council discriminated against her son and its child in need assessment is incorrect. She said she suffered anxiety and poor health because of the Council’s actions. She wants an investigation into her son’s case and compensation.

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

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Final decision

5. We will not investigate Miss X’s complaint because it relates to a Council’s child in need assessment that is being used in court. The law does not allow us to investigate matters being considered by the Court.

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Investigator's decision on behalf of the Ombudsman