Summary: We will not investigate this complaint about care planning decisions for a child. This is because the law prevents us from investigating complaints about the start of court action or what happened in court.

The complaint

1. Mr and Mrs X complained about care planning decisions it proposed to the court regarding a child.
2. Mr and Mrs X said this caused distress.
3. Mr and Mrs X want the Council to act on their concerns and review its position.

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The Ombudsman’s role and powers

4. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
5. 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)
6. We have the power to start or end an investigation into a complaint about actions the law allows us to investigate. We may decide not to start or continue with an investigation if we think the issues could reasonably be, or have been mentioned as part of the legal proceedings regarding a closely related matter. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended, section 34(B))

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How I considered this complaint

7. I considered information provided by Mr and Mrs X
8. I considered the Ombudsman’s Assessment Code.

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Final decision

9. We will not investigate Mr and Mrs X’s complaint because the law prevents us from investigating complaints about the start of court action or what happened in court. This includes care planning matters.

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Investigator's decision on behalf of the Ombudsman