Summary: We cannot investigate this complaint about information that the Council provided during court proceedings. The law prevents us from investigating complaints about what happened in court.

The complaint

1. Mr X complains that the Council provided inaccurate information to the family courts impacting the outcome of care proceedings concerning 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.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. We cannot investigate Mr X’s complaint because the law prevents us from investigating complaints about matters that have been subject to and considered in court proceedings. We have no discretion to do so. This restriction means we cannot consider a complaint about evidence the Council provided to the court during the proceedings.

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Final decision

7. We cannot investigate Mr X’s complaint because it concerns what happened in court.

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Investigator's decision on behalf of the Ombudsman