Summary: We cannot investigate this complaint about the Council’s actions prior to and during care proceedings. This is because the law prevents us from investigating the start of court proceedings and what happened in court.

The complaint

1. Mrs X complains about the Council’s actions during child care proceedings. Mrs X says the proceedings took place because of inaccurate information provided by the Council and that the Council provided inaccurate information during proceedings.

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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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My assessment

6. I cannot investigate Mrs X’s complaint. The law prevents us from investigating a decision to commence court proceedings and what happened in court. This includes and information that was provided in reports during proceedings.

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Final decision

7. We will not investigate Mrs’s complaint because it is about the start of court action and what happened in court.

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Investigator's decision on behalf of the Ombudsman