Summary: We cannot investigate Miss X’s complaint about evidence the Council provided to the court in proceedings relating to her children. 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. Miss X complains the Council provided information to the court which was not true and that this led to her children being removed from her care for six months.

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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. We cannot investigate this complaint. It lies outside our jurisdiction and we have no discretion to consider it. 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 has provided to the court. It has been considered by the court and it forms part of the proceedings.

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Final decision

7. We will not investigate Miss 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