Cambridgeshire County Council (23 018 815)
Category : Children's care services > Child protection
Decision : Closed after initial enquiries
Decision date : 27 Mar 2024
The Ombudsman's final decision:
Summary: We will not investigate this complaint about the Council’s actions relating to a court process. The law prevents us from investigating what happens as part of court proceedings.
The complaint
- Mr X complained about the Council’s involvement in his children’s case. He says the Council failed to tell him about a court hearing and this meant the court’s decision was not in his favour. He says this has caused significant distress and financial implications. He wants the Council to apologise and refund him the costs of service he had already paid for but could not use due to the court’s decision.
The Ombudsman’s role and powers
- 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)
- 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))
How I considered this complaint
- I considered information provided by the complainant.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Mr X’s complaint is about the Council’s alleged failure to tell him about a court hearing. He says this meant he could not attend the hearing, which meant the court’s decision was not in his favour.
- The law prevents us from investigating the start of court action or what happens during court proceedings. We would be prevented from investigating the Council’s decision to commence court proceedings and its recommendations to court. The actions Mr X complains about are inextricably linked to those proceedings. The consequence of the matters he raised was the court’s decision. We cannot investigate this complaint.
Final decision
- We will not investigate Mr X’s complaint because it is about the Council’s actions as part of a court process.
Investigator's decision on behalf of the Ombudsman