Summary: We cannot investigate Mr X’s complaint about decisions made about the care of his child. The law prevents us from investigating complaints about the start of court action or what happened in court.

The complaint

1. Mr X complains that the Council commenced court proceedings in relation to the care of his child, and that it provided inaccurate information during those proceedings.

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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 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

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 Mr X’s complaint. The law prevents us from investigating complaints about the start of court action or what happened in court. This includes the contents of any report or assessment that the Council has provided to the court in relation to the care of Mr X’s child.

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Final decision

7. We cannot investigate Mr X’s complaint because it is about matters that have been considered in court.

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Investigator's decision on behalf of the Ombudsman