Summary: We cannot investigate this complaint about the Council’s actions in removing Miss X’s infant child. She has commenced court action to seek the return of her child and a legal bar thus permanently prevents us considering the Council’s actions.

The complaint

1. Miss X said she is currently going through court action to seek the return of her infant child. She said the Council removed the child on flimsy grounds.

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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 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

4. I considered information provided by the complainant.
5. I considered the Ombudsman’s Assessment Code.

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Final decision

6. We cannot investigate Miss X’s complaint because a permanent legal bar prevents us investigating matters where a person has approached a court.

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Investigator's decision on behalf of the Ombudsman