Summary: We will not investigate this complaint about the Council’s involvement with the complainant’s family and the care arrangements of his child. This is because the matter has been subject to court proceedings and we are unable to achieve the outcome the complainant seeks.

The complaint

1. The complainant, who I will call Mr X, complains about the Council’s involvement with his family. Mr X says the Council lied in a report considered by a court deciding the care arrangements of his child. Mr X is unhappy about the level of contact with his son.

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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)
4. We have the power to start or discontinue an investigation into a complaint within our jurisdiction. We may decide not to start or continue with an investigation if we think the issues could reasonably be, or have been, raised within a court of law. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended)
5. We do not start or may decide not to continue with an investigation if we decide we cannot achieve the outcome someone wants. (Local Government Act 1974, section 24A(6))

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How I considered this complaint

6. I considered information provided by the complainant.
7. I considered the Ombudsman’s Assessment Code.

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My assessment

8. I cannot investigate Mr X’s complaint about information the Council provided during court proceedings. The law prevents us from considering complaints about what happened in court or matters which are linked to court proceedings.
9. If Mr X feels the court order has not been followed or if he is unhappy with the contact arrangements of his child, he needs to raise this with the Court. We have no powers to decide the contact arrangements for a child, these are matters for the courts.

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Final decision

10. We will not investigate Mr X’s complaint because the matters have been subject to court proceedings and we cannot achieve the outcome he seeks.

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Investigator's decision on behalf of the Ombudsman