Summary: We cannot investigate this complaint about what happened during court proceedings. The law prevents us from investigating complaints about matters that are being, or have been, considered in a court.

The complaint

1. Mr X complains the Council withheld relevant information from a court during court proceedings. Mr X says this has affected the outcome of the case and made him concerned for his and his family’s safety. Mr X wants the Council to provide the court with information it withheld and remove the allocated social worker from the case.

Back to top

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)

Back to top

How I considered this complaint

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

Back to top

My assessment

6. Mr X complains the Council withheld information from court which affected the outcome of the court case.
7. The Council told Mr X it could not consider his complaint because it was about matters that had been considered and decided during recent court proceedings. It explained it could not investigate or overturn the court’s decisions.
8. We cannot investigate Mr X’s complaint because it lies outside our jurisdiction. The law prevents us from investigating complaints about matters that have been considered by a court or as part of court proceedings.

Back to top

Final decision

9. We cannot investigate Mr X’s complaint because it lies outside our jurisdiction. We cannot investigate complaints about what happened in court.

Back to top

Investigator's decision on behalf of the Ombudsman