Summary: We will not investigate Miss X’s complaint about the Council removing her child from her care. This is because the complaint does not meet the tests in our Assessment Code on how we decide which complaints to investigate. We have no remit to investigate matters being determined in court.

The complaint

1. Miss X says she was victimised for making a complaint by having her child removed from her care. She says this has affected her mental health and she would like the Council to be ‘closed down’.

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The Ombudsman’s role and powers

2. We provide a free service but must use public money carefully. We do not start an investigation if we decide the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)
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 spoke to her. I also considered the Ombudsman’s Assessment Code.

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Final decision

5. We will not investigate Miss X’s complaint because it does not meet the tests set out in our Assessment Code. The care of Miss X’s child is to be decided by the Family Court. We have no remit to intervene.

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Investigator's decision on behalf of the Ombudsman