Tameside Metropolitan Borough Council

The Ombudsman's final decision

Summary: We cannot investigate X’s complaint about information the Council provided during court proceedings. This is because the law prevents us from investigating complaints about what happens in court. X’s complaint about other matters is made late.

The complaint

X complains about the actions of the Council’s children’s services and its involvement with their child. X says inaccurate information in a section 7 report has impacted their child’s contact arrangements.

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 cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council has done. (Local Government Act 1974, sections 26B and 34D, 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

I cannot investigate X’s complaint about the contents of a section 7 report because the law prevents us from investigating what happens in court. This includes the preparation and contents of reports that councils present during proceedings.

X’s complaint is also made late so I will not investigate any of X’s complaints about matters separable from court proceedings. The Council issued its final response more than a year ago and I see no good reason why X could not have complained to us then.

Final decision

We cannot investigate X’s complaint because the law prevents us from investigating complaints about what happens in court and because their complaint is made late.

Investigator's decision on behalf of the Ombudsman