Summary: We cannot investigate this complaint about the removal of the complainant’s daughter from her care. The complaint concerns the start of court action or what happened in court.

The complaint

1. Miss X complains that the Council unlawfully removed her daughter from her care and 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.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. I cannot investigate Miss X’s complaint. The decision to remove the child from her care was made by the Court. By law, we cannot investigate the decision to commence court proceedings or what happens in a court, including information provided by a council during proceedings.

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Final decision

7. We cannot investigate Miss X’s complaint because I about the start of court action or what happened in court.

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Investigator's decision on behalf of the Ombudsman