Source · LGO (Local Government & Social Care Ombudsman)

Tameside Metropolitan Borough Council

LGO (Local Government & Social Care Ombudsman) Other Reference 23-021-339 Sector Children S Care Services Category Child Protection Decided 20 May 2024

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Full decision

The Ombudsman's final decision

Summary: We cannot investigate this complaint about evidence in the disputed care of an infant child. The matter is subject to court action and a legal bar prevents us investigating.

The complaint

Mr X said the Council is falsifying evidence to steal an infant child from him and his partner.

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 about the start of court action or what happened in court. (Local Government Act 1974, Schedule 5/5A, paragraph 1/3, as amended) 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 and the Council.

I considered the Ombudsman’s Assessment Code.

My assessment

Mr X and the Council both confirm the care of the infant child is disputed. The Council has confirmed it has taken court action. The reliability of the evidence produced by the Council is for the court to decide.

Final decision

We cannot investigate Mr X’s complaint because the matter he complains of forms part of court action and a legal bar prevents us investigating it.

Investigator's decision on behalf of the Ombudsman

View original on LGO (Local Governme… website

Other decisions involving Tameside Metropolitan Borough Council

Reference Date Summary Outcome
25-014-111 Other
25-005-955 Upheld
25-015-141 Other
25-003-164 Upheld
25-008-416 Upheld
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