Summary: We cannot investigate this complaint about bad advice Mr X says the Council gave him. This matter is not separable from matters that formed part of court proceedings.

The complaint

1. Mr X said the Council advised him he was within his rights not to return his child to his former partner when there was a threat to life. He said the Council assured him this would not hurt him when he went back to court, and encouraged him to do so. He said the judge nonetheless reprimanded him for his action and threatened him with imprisonment.

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

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My assessment

6. It is clear the matters complained of are not separable from matters that formed part of court proceedings.

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Final decision

7. We cannot investigate Mr X’s complaint because the matters complained of are not separable from court proceedings.

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Investigator's decision on behalf of the Ombudsman