Summary: We cannot investigate this complaint about the Council’s actions during court proceedings, as the law prevents us from doing so. Mr X has issued proceedings against the Council which also prevent us from considering his complaint.

The complaint

1. Mr X complained about how the Council handled his child’s case during family court proceedings, which were eventually decided in his favour. He said since our previous involvement, he had been found not guilty of an assault charge and had also won an independent panel review hearing against the Council. He said these new events called into question our previous decisions.
2. Mr X also complained the Council officer he considered responsible for incorrect information in a court report had more recently been promoted.
3. Mr X said the matter caused him to lose two years’ contact with his children, and significant distress. Mr X said he wanted the Council to compensate him for loss of employment that he considered was a direct result of fault.

Back to top

The Ombudsman’s role and powers

4. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
5. 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)
6. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact 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 or continue an investigation if we decide any fault has not caused injustice to the person who complained. (Local Government Act 1974, section 24A(6), as amended, section 34(B))

Back to top

How I considered this complaint

7. I considered information provided by the complainant and the Council.
8. I considered the Ombudsman’s Assessment Code.

Back to top

My assessment

9. Mr X has complained to us several times before about the court proceedings this complaint relates to. We explained in December 2021 and May 2023 that the law prevents us from investigating what happens in court. This includes the content of a council’s reports to court and any matter that has been raised with the court by any party.
10. Mr X says given he has since been found not guilty of an assault charge, and given he has won an independent panel review hearing against the Council, we should now investigate his substantive complaint. Neither of these more recent events affect the law, which clearly prohibits us investigating matters that have been considered in court. Should Mr X have disagreed with our previous decisions, he would need to have issued Judicial Review proceedings within three months. I have not reconsidered Mr X’s original complaints, and our previous decision statements remain effective.
11. In any event, Mr X has more recently issued a court claim against the Council. We have no power to investigate the matters included as part of his claim.
12. Mr X also complains about a Council officer being promoted. This has not caused any injustice to Mr X and is not a matter for the Ombudsman to investigate.

Back to top

Final decision

13. We cannot investigate Mr X’s complaint because it is about matters that have been considered in court, and more recent events do not affect this.

Back to top

Investigator's decision on behalf of the Ombudsman