Summary: We cannot investigate Mr X’s complaint about a Council moving his child. This is because the law does not allow us to investigate matters that were subject to court proceedings.

The complaint

1. Mr X complained about the council’s decision to move of his son to a different facility. He feels it is not in his son’s best interest to move. Mr X said this has caused him anxiety.

Back to top

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)

Back to top

How I considered this complaint

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

Back to top

Final decision

6. We cannot investigate Mr X’s complaint because the law prevents us from investigating complaints about matters that had been subjected to legal proceedings.

Back to top

Investigator's decision on behalf of the Ombudsman