The Ombudsman's final decision
Summary: We cannot investigate Mrs X’s complaint about false information in a report considered in court. This is because the issues Mrs X raises are not separable from matters already considered before the family court.
The complaint
In summary, Mrs Y complains on behalf of her family about her grandchildren having no contact with their father (her son Mr X) and all the paternal side of her grandchildren’s family. She says this is directly due to false statements made by Council staff in the family court.
The Ombudsman’s role and powers
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)
How I considered this complaint
I have read Mrs Y’s complaint information.
What I found
Courts decide in cases of disputed living, care and contact arrangements for children. We are not a substitute for that. We have no powers to intervene in court proceedings or investigate reports used in the family court. Mrs X can and could have raised her objections about the Council’s actions to the court.
Final decision
I cannot investigate this complaint. This is because the issues raised are not separable from matters decided in court.
Investigator’s decision on behalf of the Ombudsman
Investigator's decision on behalf of the Ombudsman