The Ombudsman's final decision
Summary: We cannot investigate this complaint about the Council’s representations to court regarding Mr X’s child’s welfare. The law prevents us from doing so. We will not investigate the Council’s earlier assessment of the child and its complaint-handling because these matters are inextricably linked to the court proceedings.
The complaint
Mr X complained the Council did not contact him to obtain his version of events and his views relating to his child’s welfare, and submitted representations to court that he considered biased. He said the Council declined to respond to a complaint about the matter.
Mr X said this resulted in the court deciding he should not have contact with his child, therefore depriving him and his child of a relationship. He wanted the opportunity to communicate his version of events and to allow him contact with his child.
The Ombudsman’s role and powers
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.
I considered the Ombudsman’s Assessment Code.
My assessment
Mr X says the Council failed for two years to consult him about his child’s case. He says the Council subsequently made biased recommendations during legal proceedings, and the court decided he should not have contact with his child.
The law prevents us considering what happened in court. This includes the content of any submissions from the Council.
The Council’s actions in assessing Mr X’s child, even before the courts became involved, are inextricably linked to the court proceedings. The alleged result of any fault in the Council’s earlier actions is the content of what it submitted to court. We will not investigate the Council’s actions prior to the court becoming involved.
We will also not investigate complaint-handling. It is not a good use of public resources to investigate complaints about complaint procedures, if we are unable to deal with the substantive issue.
We have no power to change a decision made by a court. Only further court proceedings could achieve the outcome Mr X seeks. It is open to Mr X to obtain legal advice.
Final decision
We will not investigate Mr X’s complaint because it is about matters that were considered in court, and other matters that are inextricably linked.
Investigator's decision on behalf of the Ombudsman