Summary: We cannot investigate this complaint about the Council removing Mr and Ms X’s child. The matters complained of are not separable from matters subject to court action.

The complaint

1. Ms X and Mr X said the Council wrongly removed their child. They want the child returned to their care.

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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)

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How I considered this complaint

3. I considered information provided by the complainants.
4. I considered the Ombudsman’s Assessment Code.

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Final decision

5. We will not investigate this complaint because the matter complained of is not separable from matters decided by a court. Only a court could make new arrangements for the child.

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Investigator's decision on behalf of the Ombudsman