Summary: We cannot investigate Ms X’s complaint that officers lied about her during care proceedings for her granddaughter because it lies outside our jurisdiction. The law prevents us from investigating complaints about matters that have been considered in court proceedings. We have no discretion to do so.

The complaint

1. Ms X complains the Council told lies about her in court in care proceedings for her granddaughter which led to a decision that she be placed for adoption.

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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. Ms X originally complained to us on behalf of her daughter and in her own right. However, we did not receive consent from Ms X’s daughter for the complaint to be made by Ms X on her behalf. As a result, we can only consider the complaint Ms X makes in her own right that the Council told lies about her during the care proceedings.
7. We cannot investigate Ms X’s complaint because it lies outside our jurisdiction. The law prevents us from investigating complaints about matters that have been considered in court proceedings. We have no discretion to do so. This restriction means we cannot consider complaints about evidence the Council provided to the court as part of the proceedings.

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Final decision

8. We cannot investigate Ms X’s complaint because it lies outside our jurisdiction and the law says we cannot consider it.

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Investigator's decision on behalf of the Ombudsman