Summary: We cannot investigate this complaint that the Council was at fault in calling the complainant to give evidence in court of legal proceedings. By law, we cannot consider complaints about what happens in court.

The complaint

1. The complaint, Ms X, complains that the Council was at fault in calling her to give evidence in court.

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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. 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

3. I considered information provided by the complainant.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Ms X complains about the Council’s decision to call her to give evidence in the Family Court relating to the child of a third party. She is a vulnerable young person and a victim of sexual abuse. The third party was later convicted of offences against her.
6. Ms X says her involvement in the case in the Family Court had a negative effect on her welfare and caused her considerable distress. In addition to the impact on her mental health, she says her participation in the case delayed the trial of the third party.
7. We cannot investigate Ms X’s complaint. It concerns what happened in a court and therefore falls outside the Ombudsman’s jurisdiction by law. There is no discretion available to us in this matter. We cannot intervene.

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Final decision

8. We cannot investigate Ms X’s complaint because it concerns what happened in a court.

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Investigator's decision on behalf of the Ombudsman