Summary: We cannot investigate Miss X’s complaint that the Council lied in court. The law prevents us from investigating complaints about what happened in court.

The complaint

1. Miss X complains that the Council lied in court about matters concerning her child. She says the actions of the Council has impacted the care arrangements for her children.

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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)

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How I considered this complaint

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

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My assessment

6. I cannot investigate Miss X’s complaint. This is because it concerns what the Council said during court proceedings. The law prevents us from investigating what happened in court, so we have no power to investigate Miss X’s complaint.

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Final decision

7. We cannot investigate Mr X’s complaint because the law prevents us from investigating complaints about what happened in court.

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Investigator's decision on behalf of the Ombudsman