Summary: We cannot investigate this complaint about the Council’s actions in respect of the complainant’s daughter. This is because it concerns matters which have been considered in court or are related to those matters.

The complaint

1. The complainant, who I will refer to as Mr X, complains that the Council’s officers have been at fault in their management of his daughter’s case and their dealings with him.

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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)
4. We have the power to start or end an investigation into a complaint about actions the law allows us to investigate. We may decide not to start or continue with an investigation if we think the issues could reasonably be, or have been mentioned as part of the legal proceedings regarding a closely related matter. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended, section 34(B))

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How I considered this complaint

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

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My assessment

7. Mr X’s daughter has been the subject of private proceedings in the Family Court. As part of the proceedings, the Court directed the Council to produce a Section 37 report relating to the child’s welfare.
8. Mr X complains that the Council has been at fault throughout its involvement with him and his daughter. Specifically, he alleges that officers have lied about him and committed perjury. He says this has caused him distress and has led to him losing contact with his daughter.
9. The Ombudsman cannot investigate Mr X’s complaint. This is because it relates to matters which have been considered in court, or are closely related to such matters. Section 37 reports are produced for the use of the court. The law prevents us from considering what happens in a court. This restriction applies to the content of Section 37 reports and how they are produced.
10. Neither can we consider matters relating to Mr X’s contact with his daughter. This has been decided in court and it was open to Mr X to make his case for contact during the private law proceedings. We cannot intervene.

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Final decision

11. We cannot investigate Mr X’s complaint because it concerns matters which have been considered in court or are related to those matters.

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Investigator's decision on behalf of the Ombudsman