The Ombudsman's final decision
Summary: We cannot investigate Mr X’s complaint about the Council’s decision to make an application to the family court for an interim care order for his child because it lies outside our jurisdiction. The law prevents us from considering complaints about matters that are subject to court proceedings.
The complaint
The complainant, whom I shall call Mr X, complains about the Council’s decision to make an application to the family court for an interim care order for his child.
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 considered information provided by the complainant.
I considered the Ombudsman’s Assessment Code.
My assessment
Mr X complained to the Council about its decision to file an application to the family court for an interim care order for his child.
The Council has told Mr X it will not consider his complaint because the matter is subject to ongoing court proceedings. It advised Mr X to raise his concerns with his legal representative so they can be considered during the proceedings.
Final decision
We cannot investigate Mr X’s complaint because it lies outside our jurisdiction. The law prevents us from considering complaints about matters that have been, or are being, considered in court proceedings. We have no discretion to do so.
Investigator's decision on behalf of the Ombudsman