Summary: We will not investigate Mr X’s complaint about the Council’s involvement with his child. The law prevents us from investigating anything that has or is the subject of court proceedings. It would be reasonable for Mr X to raise the concerns he has about reports the Council has written in court.

The complaint

1. Mr X complains about the way the Council has handled his child’s case. He believes the Council has discriminated against him on grounds of his gender and mental health. He believes the Council has knowingly given misleading or inaccurate information to the courts about him. This has led to the judge making decisions that are not in the best interests of Mr X’s child. Mr X wants the Council to withdraw the court reports and to work with his family to repair the damage caused by its poor handling.

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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 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 regarding a closely related matter. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended, section 34(B))
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 and the Ombudsman’s Assessment Code.

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My assessment

6. The Council has refused to investigate and respond to Mr X’s complaint because they are about issues that are or have been considered by the courts. The Council has suggested Mr X raises any concerns he has about these issues in court either directly or through his legal representative. The Council has also given Mr X information about how he can use his right to rectification under General Data Protection Regulations (GDPR) if he believes the Council has recorded inaccurate information about him.
7. Like the Council, the law prevents us from investigating anything that has or is being considered by the courts. Only the court can decide care and contact arrangements for Mr X’s child. It would be reasonable for Mr X to ask the court to consider his concerns about the Council’s report(s) and to make decisions about what is in his child’s best interests.

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Final decision

8. We will not investigate Mr X’s complaint because the law prevents us from looking at anything the courts have or are considering.

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Investigator's decision on behalf of the Ombudsman