Summary: We will not investigate Miss X’s complaint that the Council lied in Court. The law prevents us from investigating matters that were considered, or could have been considered, in Court.

The complaint

1. Miss X complains that the Council lied in court about matters concerning her children. She says the actions of the Council has impacted the care arrangements for her children.

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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)
4. We also 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))

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How I considered this complaint

5. I considered information provided by Miss X and the Council.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. The matters that Miss X raises were considered, or could have been considered, as part of the Family Court proceedings. If Miss X was dissatisfied with the information provided by the Council, it would have been reasonable for her to dispute those during the court proceedings.
8. We cannot investigate any allegations of bias, unprofessional behaviour or factual inaccuracies in any reports used in court as these form part of the court proceedings. We also cannot say whether the social worker’s conduct or claims impacted the court outcome. Therefore, I will not investigate Miss X’s complaint.

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Final decision

9. We will not investigate Miss X’s complaint because the matters were considered, or could have been considered, in Court.

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Investigator's decision on behalf of the Ombudsman