The Ombudsman's final decision
Summary: We will not investigate Ms X’s complaint about the Council’s children’s services involvement with her child. This is because we have no power to consider complaints about what has happened in court and other matters could reasonably have been raised during court proceedings.
The complaint
Ms X complains that the Council has breached a court order and produced an inaccurate report to the courts. Ms X says this has prolonged her child’s abuse and resulted in her son not having contact with her for several months.
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) 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))
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 Ms X’s complaint that the Council provided inaccurate information to the Family Court. The law prevents us from investigating what happens in court, and this includes the preparation and contents of reports provided by councils during proceedings.
I will not investigate Ms X’s complaint that the Council’s actions breached a court order. This is because this issue could reasonably be, or has been, mentioned as part of legal proceedings. It is for the courts to consider and decide whether there has been a breach and, if so, whether any action is required as a result. It is not a matter we can consider and decide.
Final decision
We will not investigate Ms X’s complaint because we have no power to consider complaints about what has happened in court and other matters could reasonably have been raised during court proceedings.
Investigator's decision on behalf of the Ombudsman