Summary: We cannot investigate this complaint about evidence in the disputed care of an infant child. The matter is subject to court action and a legal bar prevents us investigating.

The complaint

1. Mr X said the Council is falsifying evidence to steal an infant child from him and his partner.

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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)
4. We cannot investigate a complaint if someone has started court action about the matter. (Local Government Act 1974, section 26(6)(c), as amended)

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How I considered this complaint

5. I considered information provided by the complainant and the Council.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. Mr X and the Council both confirm the care of the infant child is disputed. The Council has confirmed it has taken court action. The reliability of the evidence produced by the Council is for the court to decide.

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Final decision

8. We cannot investigate Mr X’s complaint because the matter he complains of forms part of court action and a legal bar prevents us investigating it.

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Investigator's decision on behalf of the Ombudsman