The Ombudsman's final decision
Summary: We cannot investigate this complaint about the Council’s actions in relation to a witness statement filed with a court. The law prevents us from considering what happened in court and the complaint is not separable from this.
The complaint
The complainant, Mr X, complains that the Council’s officer falsely denied filing a witness statement with the Court in the course of private law proceedings, and that the Council subsequently refused to provide him with a copy of the witness statement.
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) The courts have said we can decide not to investigate a complaint about any action by an organisation concerning a matter which the law says we cannot investigate. (R (on the application of M) v Commissioner for Local Administration [2006] EHWCC 2847 (Admin))
How I considered this complaint
I considered information provided by the complainant and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Mr X’s children were the subject of private law proceedings, in the course of which a Council officer filed a witness statement for the use of the Court. Mr X complains that the officer falsely denied filing the statement, thereby placing him at a disadvantage in the proceedings and contributing to an unfavourable outcome.
Mr X further complains that the Council refused to disclose the statement, either at the time or in response to his subsequent subject access request. Rather, it advised him to apply to the Court.
The Ombudsman cannot investigate Mr X’s complaint. By law, we cannot investigate what happened in court, so we can take no view on whether the failure to disclose the statement had the impact Mr X says it did. There is no discretion available to us here.
Given that we can take no view on the content and impact of the witness statement, there are no grounds for us to express a view on whether it should have been disclosed. If Mr X believed the Council was at fault in its response to his subject access request, it would have been appropriate for him to bring his concerns to the attention of the Information Commissioner’s Office. There is no role for the Ombudsman.
Final decision
We cannot investigate Mr X’s complaint because it is not separable from what happened in court.
Investigator's decision on behalf of the Ombudsman