Summary: We cannot investigate Ms X’s complaint about a report submitted to the court in family court proceedings because it lies outside our jurisdiction. The law prevents us from considering complaints about matters that have been, or are being, considered in court.

The complaint

1. The complainant, whom I shall call Ms X, complains about a report the Council provided to the court in family court proceedings.

Back to top

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)

Back to top

How I considered this complaint

4. I considered information provided by the complainant.
5. I considered the Ombudsman’s Assessment Code.

Back to top

My assessment

6. Ms X complained to the Council about a report provided to the court in family court proceedings. Ms X says there are numerous lies and omissions in the report.
7. The Council told Ms X it would not consider her complaint because it was about a matter that was being considered in court proceedings.
8. The Ombudsman is also unable to consider complaints about reports which are presented in court. Complaints about matters that have been, or are being, considered in court proceedings lie outside our jurisdiction and the law prevents us from considering them.

Back to top

Final decision

9. We cannot investigate Ms X’s complaint. It lies outside our jurisdiction because it is about matters that have been considered in court and we have no discretion to consider it.

Back to top

Investigator's decision on behalf of the Ombudsman