Summary: We will not investigate this complaint about court proceedings several years ago. The law prevents us considering what happened in court.

The complaint

1. Mr X complained the Council misrepresented his psychological state in its presentations to court 13 years ago. He says this impacted his life significantly, and he chose not to have further children due to events. He wants an apology and 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 considered information provided by the complainant.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Mr X says he has recently found out the Council misrepresented the findings from a psychological evaluation in court 13 years ago. He says this impacted his life significantly and he chose not to have further children as a consequence of events that he believes would have been different but for the Council’s report to court.
7. The law prevents us from considering what happened in court. This includes the content of the Council’s representations to court.

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Final decision

8. We will not investigate Mr X’s complaint because it relates to matters that were before the courts.

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Investigator's decision on behalf of the Ombudsman