Summary: We cannot investigate Miss X’s complaint about the level of contact she has with her children. The matter is being considered by a court, and the law says the Ombudsman cannot investigate.

The complaint

1. Miss X complained the Council refused to allow her contact with her children who are subject to court proceedings.
2. Miss X said the matter caused her distress.

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The Ombudsman’s role and powers

3. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
4. 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

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

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My assessment

7. We cannot investigate this complaint. The issues Miss X complained about are being considered by a court. It is for the court to determine the level of contact between Miss X and her children. The law says the Ombudsman cannot investigate matters considered by a court.

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Final decision

8. We cannot investigate Miss X’s complaint because the issues complained about are being considered by a court.

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Investigator's decision on behalf of the Ombudsman