Summary: We cannot investigate X’s complaint about the Council’s decision to commence court proceedings in relation to the care of his child. The law prevents us from investigating the start of court proceedings or what happened in court.

The complaint

1. X complains about the Council’s decision to start court proceedings in relation to the care of X’s children. He also complains about the actions of the courts and a tribunal. Mr X wants parental responsibility to be reinstated.

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The Ombudsman’s role and powers

2. 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)
3. We investigate complaints about councils and certain other bodies. We cannot investigate the actions of bodies such as the courts or tribunals. (Local Government Act 1974, sections 25 and 34(1), 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 X’s complaint because the law prevents us from investigating the start of court proceedings or what happens in court. This includes the preparation and contents of reports that councils present during proceedings. Only the courts can make decisions about X’s parental responsibility.  
7. We have no power to investigate X’s complaints about the courts or tribunal. 

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Final decision

8. We will not investigate X’s complaint because it is about the start of court proceedings or what happened in court.

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Investigator's decision on behalf of the Ombudsman