Summary: We cannot investigate this complaint about information the Council presented in court. The law says we cannot investigate complaints about court action or what happened in court.

The complaint

1. Mr X complained about information the Council presented about him in court.
2. Mr X said this prevented him from becoming a guardian to his grandchild.

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The Ombudsman’s role and powers

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 and the Council.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. Mr X complained about information the council presented to court. The court proceedings were to decide who should care for his daughter.
8. The available information suggests Mr X recently became aware of this information when the Council told him he could not become a guardian for his grandchild. Mr X said this was because of information the Council presented in the earlier court proceedings.
9. As outlined in paragraph four, the law says we cannot investigate complaints about what happened in court. For this reason, we cannot investigate Mr X’s complaint.

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Final decision

10. We cannot investigate Mr X’s complaint because the law says we cannot investigate complaints about court action or what happened in court.

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Investigator's decision on behalf of the Ombudsman