Summary: We will not investigate this complaint about the Council’s involvement in the care of Ms X’s child. This is because it is about matters that have happened in court.

The complaint

1. Ms X complains that the Council lied in court proceedings that it started to determine the care of her child. Ms X also complains that she was not informed of court dates.

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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)
4. We investigate complaints about councils and certain other bodies. We cannot investigate the actions of bodies such as HM Courts and Tribunal Service. (Local Government Act 1974, sections 25 and 34(1), as amended)

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How I considered this complaint

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

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My assessment

7. I cannot investigate Ms X’s complaint that the Council lied during court proceedings. The law prevents us from investigating things that happened in court, this includes information provided by the Council during these court proceedings.
8. Ms X has complained to HM Courts and Tribunal Service about not being informed of court dates. We have no jurisdiction to HM Courts and Tribunal Service.

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Final decision

9. We will not investigate Ms X’s complaint because it is about what happened in court.

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Investigator's decision on behalf of the Ombudsman