The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s reports to court in relation to Ms X’s children. The law prevents us from investigating what happened during court proceedings.
The complaint
Ms X complained about the information the Council presented to the courts. She said the Council’s representations withheld crucial information, were biased and made recommendations without supporting evidence. She said this led to the court deciding she could not have contact with her children, and resulting distress for her and her children. She wanted the Council to apologise and refer the matter back to the courts. She also wanted it to make service improvements and take disciplinary action against the responsible members of staff.
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 and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Ms X’s complaint to us is about the Council’s representations to court. The Council completed a Section 7 report to assist the courts in making a decision in Ms X’s children’s best interests.
The law expressly prohibits us from investigating what happened during court proceedings. This includes the content of the Council’s reports to the court.
Ms X had the opportunity to raise her concerns as part of the court proceedings. Only the courts, not the Council or the Ombudsman, can decide what is in Ms X’s children’s best interests. It is open to Ms X to refer the matter back to the courts.
Final decision
We will not investigate Ms X’s complaint because the law prevents us from investigating what happened during court proceedings.
Investigator's decision on behalf of the Ombudsman