The Ombudsman's final decision
Summary: We will not investigate Mrs X’s complaint about information the Council has produced for court proceedings involving her children. The law prevents us from investigating anything that has or is the subjection of court proceedings.
The complaint
Mrs X complains the Council has not followed procedures and not ensured contact arrangements are maintained between her and the father of her children. Mrs X also alleges the Council’s reports for the court contain false, biased and inaccurate information. This has caused her significant distress. She wants the Council to correct the information, communicate better and make sure her children's adheres to court orders.
The Ombudsman’s role and powers
We have the power to start or end an investigation into a complaint about actions the law allows us to investigate. We may decide not to start or continue with an investigation if we think the issues could reasonably be or have been mentioned as part of the legal proceedings regarding a closely related matter. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended, section 34(B)) 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 Ombudsman’s Assessment Code.
My assessment
The Council has told Mrs X it will not investigate her escalated complaint because it relates to issues that are the subject of ongoing court proceedings. As part of private law proceedings involving children, the court may ask the Council to produce a section 7 or 37 report. The court will then consider the report as part of its decision making. Because section 7 and 37 reports form part of court proceedings, we have no jurisdiction to investigate their preparation or content.
Mrs X would need to raise the concerns she has about her ex-partner’s compliance with contact arrangement with the court as it is responsible for enforcing court orders rather than the Council. We have no power to intervene or make decisions in place of the court. Only the court can decide what is in a child’s best interest and on any matters of dispute.
Final decision
We will not investigate Mrs X’s complaint because the law prevents us from investigating anything that is or has been the subject of court proceedings.
Investigator's decision on behalf of the Ombudsman