The Ombudsman's final decision
Summary: We cannot investigate this complaint about the Council’s actions in removing Miss X’s infant child. She has commenced court action to seek the return of her child and a legal bar thus permanently prevents us considering the Council’s actions.
The complaint
Miss X said she is currently going through court action to seek the return of her infant child. She said the Council removed the child on flimsy grounds.
The Ombudsman’s role and powers
The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
We cannot investigate a complaint if someone has started court action about the matter. (Local Government Act 1974, section 26(6)(c), as amended)
How I considered this complaint
I considered information provided by the complainant.
I considered the Ombudsman’s Assessment Code.
Final decision
We cannot investigate Miss X’s complaint because a permanent legal bar prevents us investigating matters where a person has approached a court.
Investigator's decision on behalf of the Ombudsman