Summary: We will not investigate this complaint about the Council’s involvement in Mr X’s children’s case. The law prevents us from investigating complaints about what happened during court proceedings.

The complaint

1. Mr X complained about the Council’s actions relating to his children’s case, including as part of court proceedings. He complains the Council fed incorrect information into the process, placed pressure on involved individuals to give false statements in court leading to him being remanded in custody. He says the matter has caused significant distress, and he wants the Council to attend court and admit having been at fault.

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The Ombudsman’s role and powers

2. 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)
3. We have the power to start or end an investigation into a complaint about actions the law allows us to investigate. We may decide not to start or continue with an investigation if we think the issues could reasonably be, or have been mentioned as part of the legal proceedings regarding a closely related matter. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended, section 34(B))
4. The courts have said we can decide not to investigate a complaint about any action by an organisation concerning a matter which the law says we cannot investigate. (R (on the application of M) v Commissioner for Local Administration [2006] EHWCC 2847 (Admin))

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How I considered this complaint

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

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My assessment

7. Mr X’s complaint relates to the Council’s assessment of his children under child protection procedures, which he indicates has formed part of the evidence used in decision-making in court. Mr X says the Council has contributed incorrect information to the process and placed pressure on other parties to give false statements in court.
8. The law prohibits us from investigating complaints about what happened in court. This includes the content of any reports written for court. We also have discretion to decide not to consider any matters that are inextricably linked to court processes. Mr X’s complaint is about several matters that are too intertwined with the matters that have been before the courts to be separated.
9. In any event the injustice Mr X claims, of being remanded in custody, is not due to fault by the Council. The police and the Crown Prosecution Service make decisions about what action should be taken based on information they receive. It is not the role of the Ombudsman to interfere in criminal proceedings. Mr X could reasonably have raised his concerns about the accuracy of information as part of the legal processes.

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Final decision

10. We will not investigate Mr X’s complaint because it is about matters that are subject to court proceedings.

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Investigator's decision on behalf of the Ombudsman