Summary: We cannot investigate this complaint about the Council’s actions in relation to the care arrangements for Mr X’s child. This is because the complaint concerns matters which have been considered in court.

The complaint

1. Mr X complains about the Council’s children’s services and its assessments regarding the care of his child. Mr X says the Council’s inaccurate reporting influenced the outcome of court proceedings and wants the truth to be heard in court.

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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.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. I cannot investigate Mr X’s complaint. The law says we cannot consider matters which have been considered in court or are closely related to those matters. The care and contact arrangements of Mr X’s child have been considered in court. This places them outside our jurisdiction. This restriction applies to evidence presented by the Council to the court. If Mr X wants changes to the care or contact arrangements, his recourse is to go back to court. There is no role for the Ombudsman.

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Final decision

7. We will not investigate Mr X’s complaint because it concerns matters that have been considered in court.

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Investigator's decision on behalf of the Ombudsman