The Ombudsman's final decision
Summary: We cannot investigate this complaint about the Council’s actions concerning Miss X’s family. This is because the complaint does not meet the tests in our Assessment Code on how we decide which complaints to investigate. The matters complained of are not separable from those that are part of a court process.
The complaint
Miss X said she had got nowhere with the Council, which had treated her unfairly. She said the Council was withholding evidence from a court, whose proceedings were now going to take much longer, keeping her children away from her.
The Ombudsman’s role and powers
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) We cannot investigate a complaint if someone has started court action about the matter. (Local Government Act 1974, section 26(6)(c), as amended) We have the power to start or discontinue an investigation into a complaint within our jurisdiction. We may decide not to start or continue with an investigation if we think the issues could reasonably be, or have been, raised within a court of law. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended)
How I considered this complaint
I considered information provided by the complainant.
I considered the Ombudsman’s Assessment Code.
Final decision
We cannot investigate Miss X’s complaint because the matters complained of are not separable from court action.
Investigator's decision on behalf of the Ombudsman