Summary: We will not investigate this complaint about the Council’s representations to court. We have no power to investigate matters that have been considered in court.

The complaint

1. Miss X complained the Council decided she needed to be supervised to have contact with her children, and lied to the family court. She said the Council was biased against her and was unprofessional. She said the matter impacted her relationship with her children and her health. She wanted apologies, for the responsible staff to be held accountable, and to be paid compensation.

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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)

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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. Miss X’s complaint is about the Council’s representations to court during family court proceedings. We made a previous decision not to investigate an earlier complaint from Miss X, as court proceedings were ongoing. The proceedings have now finished, and Miss X complained to us again.
6. We have no power in law to investigate the Council’s representations to court. It was for the court to decide what was in the children’s best interests, and Miss X raised her concerns about the Council’s representations as part of that process so the court could consider all parties’ representations.

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Investigator's decision on behalf of the Ombudsman