Summary: We will not investigate this complaint about the Council’s involvement in Miss X’s children’s case. The courts are currently involved and we are prevented in law from investigating complaints about what happens during court proceedings.

The complaint

1. Miss X complained the Council’s report written for court did not accurately reflect the situation, putting her children at risk. She says this has caused her significant distress. She wants the Council to provide her support and review contact between her children and their father.

Back to top

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)

Back to top

How I considered this complaint

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

Back to top

My assessment

5. Miss X’s complaint is about matters that are being considered in the courts. It is the courts, not the Council, that will make a decision about Miss X’s children’s contact with their father.
6. The law prevents us from investigating what happens in court, which includes the content of any reports the Council writes as part of that process. Therefore, we cannot investigate the substantive part of Miss X’s complaint.
7. After proceedings have finished it is open to Miss X to complain again to the Council. If there are matters that are separable from the court process, it is open to Miss X to complain to us about those matters after using the Council’s internal complaints process, at which time we can decide whether we can and should investigate those matters.

Back to top

Final decision

8. We will not investigate Miss X’s complaint because it is about matters that are currently before the courts, including the content of the Council’s report to court.

Back to top

Investigator's decision on behalf of the Ombudsman