The Ombudsman's final decision
Summary: We cannot investigate this complaint about the Council’s actions concerning Miss X’s children. The matters complained of are not separable from ongoing court action about where her children should live.
The complaint
Miss X said the Council fabricated allegations against her involving violence.
The Ombudsman’s role and powers
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)
How I considered this complaint
I considered information provided by the complainant and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Miss X referred to court action several times in her complaint to us. The Council has also stated there is ongoing court action regarding her children.
Final decision
We cannot investigate Miss X’s complaint because the matters complained of are not separable from those before a court.
Investigator's decision on behalf of the Ombudsman