Summary: The Ombudsman cannot not investigate Mr X’s complaint that the Council would not provide a witness statement to court. This is because provision of a witness statement is closely bound up with legal proceedings. There is currently no injustice or suitable outcome an investigation could achieve.

The complaint

1. Mr X complains that the Council has failed to provide a witness statement for court proceedings.

Back to top

The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word ‘fault’ to refer to these. We must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’. We provide a free service, but must use public money carefully. We may decide not to start or continue with an investigation if we believe:

• the fault has not caused injustice to the person who complained, or
• it is unlikely further investigation will lead to a different outcome, or
• there is another body better placed to consider this complaint, or

(Local Government Act 1974, section 24A(6), as amended)

Back to top

How I considered this complaint

3. I have considered what Mr X has said in support of his complaint and the supporting information provided by Mr X. I have written to Mr X with my draft decision and considered his comments on it.

Back to top

What I found

4. Mr X says that a school has made dishonest allegations about children to the Council’s child services prompting an investigation.
5. Mr X asked the Council to provide a witness statement to the subsequent court proceeding.
6. The Ombudsman can investigate the actions of a Council in the run up to court proceedings. However, the request for a witness statement is inextricably linked to court proceedings.
7. If the court wants a witness statement, then it will request it. If the court does not deem this necessary, then it will not make this request.
8. The failure to provide a witness statement at this stage has not caused an injustice as the Court will use its discretion to obtain any witness statement it requires.
9. An investigation by the Ombudsman would not provide a different outcome as we would not question the Court in utilising discretion over its function.

Back to top

Final decision

10. The Ombudsman cannot investigate this complaint because there is no current injustice and the Court will make any requests for a witness statement it considers necessary.

Back to top

Investigator's decision on behalf of the Ombudsman