Summary: We cannot investigate Miss X’s complaint about information the Council presented during court proceedings. The law prevents us from investigating matters which have been subject to court proceedings.

The complaint

1. Miss X complains about information the Council presented to court. She says it was inaccurate and key information was omitted.
2. Miss X also complains the Council failed to respond to her concerns about the welfare of her child (Y).
3. Miss X says the matters influenced the court’s decision and prevented her from having contact with Y.

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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)

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How I considered this complaint

6. I considered information provided by the complainant.
7. I considered the Ombudsman’s Assessment Code.

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Final decision

8. We cannot investigate Miss X’s complaint because the law prevents us from investigating matters which have been subject to court proceedings. This includes the preparation and contents of reports presented by the Council, or any other closely related matters.

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Investigator's decision on behalf of the Ombudsman