Summary: We will not investigate this complaint about the Council’s involvement in court proceedings. The law prevents us from doing so.

The complaint

1. Mr X complained about the Council’s involvement in private court action about his child. He said the assigned Social Worker showed bias towards the other party, gave false information to the court and has failed to promptly respond to his requests for help. This has led to Mr X and his child being separated, which he believes is not in line with his child’s wishes. He wants the Council to treat both parents fairly.

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The Ombudsman’s role and powers

2. 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)
3. 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 in 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

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 will not investigate Mr X’s complaint because it is about the Council’s evidence to the court as part of private proceedings. The law prevents us from investigating what happens in court, including the content of a council’s report to the court and its related actions. It also includes any allegations of bias by the Council, which should be raised as part of the ongoing legal proceedings. We have no power to intervene or make decisions in place of the court. Only the court can decide what is in the child’s best interests and any matters in dispute.

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Investigator's decision on behalf of the Ombudsman