Summary: We will not investigate Mr X’s complaint about court reports the Council has produced about his children. The law prevents us from investigating anything that is the subject of court proceedings.

The complaint

1. Mr X complains about the content of a report the Council produced for the court about his children.

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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. We have the power to start or end an investigation into a complaint about actions the law allows us to investigate. We may decide not to start or continue with an investigation if we think the issues could reasonably be, or have been mentioned as part of the legal proceedings in a closely related matter. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended, section 34(B))

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How I considered this complaint

4. I considered information provided by the complainant.

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Final decision

5. We will not investigate Mr X’s complaint because the issues about his children are the subject of ongoing court proceedings. The law prevents us from investigating what happens in court. This includes the content of any information or reports the Council produces for the court and its related action. Mr X should raise any concerns he has about the Council with the court directly or through his legal representative(s). We have no power to intervene or make decisions in place of the court. Only the court can decide what is in the children’s best interests and any matters of dispute.

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Investigator's decision on behalf of the Ombudsman