Summary: We cannot investigate this complaint that the Council has been at fault in its actions relating to the care of the complainant’s children. This is because it concerns matters which are before the Court or are inextricably linked to those matters.

The complaint

1. The complainant, who I will refer to as Mr X, complains that the Council has been at fault in its actions relating to the care of his children.

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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 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

4. I considered information provided by the complainant and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Mr X’s children live with their mother. They are the subject of legal proceedings relating to their care.
7. Mr X complains that the Council has failed to act in the best interests of the children. He says the Council’s officers have not acted on evidence of the risk to his children’s welfare and have supported their remaining in an unsuitable environment. He further complains that they have provided false information to the Court during the legal proceedings.
8. The Ombudsman cannot investigate Mr X’s complaint. This is because the matters about which he complains are being considered in court, or are inextricably linked to those matters. This places them outside the Ombudsman’s jurisdiction.
9. By law, the Ombudsman cannot investigate matters which are considered in court. This includes the content of reports and other evidence submitted to a court by a council. That being the case, the law prevents us from considering Mr X’s allegation that the Council has provided false information to the Court.
10. The courts have held that this restriction also applies to anything which is inextricably linked to matters which are considered in a court. This means we cannot investigate matters relating to the care of Mr X’s children. There is no discretion available to us.

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Final decision

11. We cannot investigate Mr X’s complaint because it concerns matters which are before the Court, or are inextricably linked to those matters.

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Investigator's decision on behalf of the Ombudsman