Summary: We cannot investigate Mr X’s complaint about what happened in court. This is because the issues Mr X raises cannot be separated from the matters before the family court.

The complaint

1. Mr X complains the Council made a false allegation in court about him. This resulted in not being able to see his children. He would like an apology and possibly compensation.

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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 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)

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How I considered this complaint

4. I have considered the complaint information provided by Mr X. I also checked my initial view with him.

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What I found

5. The family court determines contact/custody arrangements. We cannot intervene in court proceedings or investigate what happened in court. Mr X could have made his concerns known to the court.
6. We cannot separately investigate council actions without considering their consequences. In this case all the effect of the Council’s actions are in the court proceedings, reports and evidence.

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Final decision

7. I will not investigate this complaint. This is because the issues complained of happened in court.

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Investigator's decision on behalf of the Ombudsman