Summary: We cannot investigate this complaint about fake reports Miss X says the Council submitted to the family court. The complaint lies outside our jurisdiction because it is about matters that are being, or have been, considered in court proceedings. We have no discretion to consider complaints about such matters, and cannot do so.

The complaint

1. The complainant, whom I shall call Miss X, complains the Council submitted fake reports from the police and her doctor to the family court in order to obtain a care order and remove her child from her care. Miss X says the Council is refusing contact despite the court guardian asking for it.

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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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Final decision

6. We cannot investigate Miss X’s complaint. It lies outside our jurisdiction because it is about matters that have been, or are being, considered in court proceedings. The law prevents us from considering such matters and we have no discretion to do so. This restriction also applies to reports submitted to the court.
7. If the court has made an order about contact, and this is not being followed, then this is a matter for the court to consider.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman