Summary: We cannot investigate Mr X’s complaint about the Council’s reports for Family Court proceedings because it lies outside our jurisdiction. The law prevents us from investigating complaints about matters that are being, or have been, considered in court proceedings. We have no discretion to do so.

The complaint

1. Mr X complains about the Council’s court ordered reports and assessments produced for Family Court proceedings. He says the Council has not acted impartially or in the best interests of his children and the reports ignored key safeguarding concerns and signs of emotional coaching by a family member which it failed to investigate. Mr X says his evidence and parental role have been consistently sidelined.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse effect on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We do not start an investigation if we decide the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)
3. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
4. 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

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

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My assessment

7. We cannot investigate Mr X’s complaint because it lies outside our jurisdiction. The law prevents us from investigating complaints about matters that are being, or have been, considered in court or which could be raised and considered by the court during the proceedings.
8. This restriction means we cannot consider complaints about evidence the Council has provided to the court or about the preparation of evidence and reports for the courts as it is not clearly separable from the proceedings. Any dissatisfaction with the preparation and content of the reports should be raised to the court so that it can be considered before the proceedings conclude. It is not a matter we have any discretion to consider.

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Final decision

9. We cannot investigate Mr X’s complaint because it lies outside our jurisdiction and we have no discretion to consider it.

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Investigator's decision on behalf of the Ombudsman