Summary: We will not investigate Mr X’s complaint that the Council failed to notify him about a court hearing. This is because it concerns the Council’s conduct as part of court proceedings and raises issues that were, or could reasonably have been, considered by the court.

The complaint

1. Mr X complains the Council failed to notify him about a court hearing concerning the adoption of his child. He says this denied him the opportunity to obtain legal representation and adequately prepare for the hearing. He wants an apology and for the Council to improve how it informs and supports parents in adoption proceedings.

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The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
3. We can only investigate the actions of councils and other bodies in jurisdiction. We cannot investigate the actions of the courts.
4. 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)
5. We may decide not to start 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))

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How I considered this complaint

6. I considered information provided by Mr X and the Council.
7. I considered the Ombudsman’s Assessment Code.

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My assessment

8. In response to Mr X’s complaint the Council confirmed that both its legal team and the court sent him notification of the hearing. However Mr X says he did not receive this.
9. We cannot investigate whether the court properly notified Mr X of the hearing because it is not a body within our jurisdiction and we therefore cannot consider its actions or find it at fault.
10. We also cannot investigate whether the Council notified Mr X of the hearing because such matters are excluded from investigation as set out at Paragraph 4. In any event, if Mr X had concerns he was not properly notified about the hearing, and if this affected his ability to prepare and respond, it would have been reasonable for him to raise this during the hearing. It appears he did so but the court declined his request for an adjournment. The exclusion set out at Paragraph 5 therefore also applies.

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Final decision

11. We will not investigate Mr X’s complaint because it concerns matters that are outside our jurisdiction and issues that were, or could reasonably have been, considered in court.

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Investigator's decision on behalf of the Ombudsman