The Ombudsman's final decision
Summary: We will not investigate this complaint about the actions of the Council’s children’s services because it concerns matters that have been or reasonably could reasonably be considered in court.
The complaint
Mr X complains that the Council racially profiled him when it provided information to the family courts which he says was misleading. Mr X seek the return of his children.
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 law says we cannot normally investigate a complaint when someone could take the matter to court. However, we may decide to investigate if we consider it would be unreasonable to expect the person to go to court. (Local Government Act 1974, section 26(6)(c), as amended)
How I considered this complaint
I considered information provided by the complainant and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
I cannot investigate Mr X’s complaint that the Council racially profiled him when providing information to the courts. This is because the law prevents us from investigating matters that have been considered in court, including information provided by council’s during proceedings.
The outcome that Mr X seeks is the return of his children. This is a decision only the courts can make and therefore it is reasonable for Mr X to seek the outcome he seeks through the courts.
Final decision
We will not investigate Mr X’s complaint because it is about matters that have been considered or could reasonably be considered in court.
Investigator's decision on behalf of the Ombudsman