Summary: We will not investigate this complaint about the Council’s decision to pursue court action. The law prevents us from investigating the start of court action or what happened in court.

The complaint

1. Mr X complained the Council failed to provide support in relation to his child. He said it instead wrongly started court proceedings, based on lies and misinterpretation. He said the matter caused the family significant distress, violated their human right to private and family life, and financial loss. He wanted the Council to compensate the family for their financial losses, amounting to over £11,000, as well as for their distress.

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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. The law says we cannot normally investigate a complaint when someone could take the matter to court. However, we may decide to investigate if we consider it would be unreasonable to expect the person to go to court. (Local Government Act 1974, section 26(6)(c), as amended)

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How I considered this complaint

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

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My assessment

6. Mr X’s complaint relates to the Council’s decision to involve the courts to make a decision about his child. We have no legal power to investigate this complaint, as we are prevented from considering the start of court action and what happened in court. This includes the content of the Council’s representations to the court. Mr X had the opportunity to raise his concerns during the court process.
7. Mr X seeks a significant sum in compensation. It is not the Ombudsman’s role to assess economic losses or provide significant compensation for things such as distress. We could not achieve the outcome Mr X seeks from complaining, even if we could investigate the actions he complains about. It is open to him to pursue his claim through the Council’s insurers and ultimately via the courts.

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Final decision

8. We will not investigate Mr X’s complaint because we have no power to investigate the start of court action or what happened in court.

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Investigator's decision on behalf of the Ombudsman