The Ombudsman's final decision
Summary: We cannot investigate Mrs X’s complaint about the Council using fabricated reports and lying to the court in proceedings for her son because it lies outside our jurisdiction. The law prevents us from investigating complaints about matters which are being, or have been, considered in court proceedings. We have no discretion to do so.
The complaint
Mrs X complains about the Council’s actions in its child protection involvement with her son. She says the Council lied to the courts and fabricated reports and this has led to her son being placed in foster care. Mrs X says the Council did not consider the evidence she wanted to provide about her son’s father. She wanted help from the Council but it used this to take her child from her whilst lying to the courts.
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
Mrs X complained to the Council about the matters set out in paragraph one, above.
The Council told Mrs X it could not consider her complaint because there are ongoing care proceedings relating to her son. It advised Mrs X to seek advice from her legal representative to address her concerns to the court.
We cannot investigate Mrs X’s complaint because it lies outside our jurisdiction. The law prevents us from investigating complaints about matters that are being, or have been, considered in court proceedings. We have no discretion to do so. This restriction also means we cannot consider complaints about the Council’s involvement in the proceedings or any evidence or reports it provides for the court. As set out in the Council’s response, Mrs X should raise her concerns to the court either directly, or via her legal representative, so that it can consider them before the proceedings conclude.
Final decision
We cannot investigate Mrs X’s complaint because it lies outside our jurisdiction. The law prevents us from investigating complaints about matters that are or have been subject to court proceedings. We have no discretion to do so.
Investigator's decision on behalf of the Ombudsman