Summary: We cannot investigate this complaint about the Council removing Mr X’s child and its plans to remove his unborn child. These matters have been and will be subject to court orders.

The complaint

1. Mr X said the Council forced his family to give up their child. He said there were papers the judge did not see. He said the Council is now planning to remove an unborn child.

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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. The law says we cannot normally investigate a complaint when someone could take the matter to court. However, we may decide to investigate if we consider it would be unreasonable to expect the person to go to court. (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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My assessment

6. This complaint concerns the custody of children. In the case of Mr X’s child, that has been decided by a court. In the case of his unborn child, it can only be decided by a court.

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Final decision

7. We cannot investigate Mr X’s complaint because it concerns the custody of children. This has been and can only be decided by a court.

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Investigator's decision on behalf of the Ombudsman