The Ombudsman's final decision
Summary: We cannot investigate this complaint about the Council presenting misleading information. These matters are not separable from court proceedings.
The complaint
Mr X said the Council illegally stopped his contacts with his children and falsely claimed the children’s mother had done this. He said the Council supported his ex-partner and lied about a phone call and changed records on its system. He said the Council provided information that derailed private law court proceedings.
The Ombudsman’s role and powers
We cannot investigate a complaint if someone has started court action about the matter. (Local Government Act 1974, section 26(6)(c), as amended)
How I considered this complaint
I considered information provided by the complainant.
I considered the Ombudsman’s Assessment Code.
My assessment
The matters of which Mr X complains concern the actions of the Council concerning contact with children, and in creating and presenting information. Neither is separable from court proceedings regarding the contact and residence arrangements of the children.
Final decision
We cannot investigate Mr X’s complaint because the matters complained of are not separable from court proceedings.
Investigator's decision on behalf of the Ombudsman