Summary: We cannot investigate Mr X’s complaint about the Council’s decision to start care proceedings and about the information it provided to the court because it lies outside our jurisdiction. The law prevents us from investigating complaints about matters that have been subject to court proceedings. We have no discretion to do so.

The complaint

1. The complainant, Mr X, complains about the Council’s decision to start care proceedings in relation to his children and about the information it provided to the court during the proceedings. Mr X says the Council has been misleading and dishonest and its decision to start care proceedings was not in line with a previous magistrates’ court’s decision. Mr X has not seen his children for the past two years. He says he is a victim of a miscarriage of justice.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse effect on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We do not start an investigation if we decide the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)
3. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
4. 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

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

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My assessment

7. Mr X complained to the Council about the matters set out above.
8. The Council told Mr X it could not consider his complaint via its complaints procedure because it was about matters that had been considered in court or were closely linked to the court proceedings. It said Mr X would have had the opportunity to challenge the information provided to the court during the proceedings. It said Mr X should seek legal advice about the options open to him to pursue the matter.
9. We cannot investigate Mr X’s complaint. It lies outside our jurisdiction because it is about matters that have been subject to and considered in court proceedings. The law prevents us from investigating complaints about such matters. We have no discretion to consider it.

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Final decision

10. We cannot investigate Mr X’s complaint because it is about matters that have been subject to court proceedings and the law prevents us from considering it.

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Investigator's decision on behalf of the Ombudsman