Summary: We cannot investigate this complaint about the Council taking court action to remove Mr X’s children. This is because the complaint does not meet the tests in our Assessment Code on how we decide which complaints to investigate. We cannot investigate matters once someone has started court action about them.

The complaint

1. Mr X said the Council had gone back on a previous agreement by taking court action to remove his children. He said the Council had pressurised his children to say things they did not want to.

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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 if someone has started court action about the matter. (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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Final decision

6. We cannot investigate Mr X’s complaint because it concerns a matter subject to court action. The bar against us doing so remains even after court proceedings have concluded.

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Investigator's decision on behalf of the Ombudsman