Summary: We cannot investigate Miss X’s complaint about a court case in 2007/2008 involving her child. The law prevents us from investigating complaints about matters that have been subject to court proceedings. We have no discretion to do so.

The complaint

1. Miss X complains about a court case involving her child in 2007/2008. Miss X says false accusations were made by the hospital treating her child and the case escalated to court proceedings. Miss X says she recently obtained important evidence, via a subject access request, which was withheld from the court during the proceedings. Miss X says this information would have cleared her of the abuse allegations raised against her.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse effect 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 an investigation if we decide the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)
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.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. The Council told Miss X it would not consider her complaint via its complaints procedure because it was about events that happened more than 12 months ago.
8. We cannot investigate Miss X’s complaint because it lies outside our jurisdiction. The law prevents us from investigating complaints about matters that have been considered in court, we have no discretion to do so. This restriction applies to the Council’s involvement in the court proceedings and any evidence it provided to the court. The Council’s decision making on the case will have been considered by the court in making its decision and it forms part of the proceedings.

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Final decision

9. We cannot investigate Miss X’s complaint because it lies outside our jurisdiction and we have no discretion to consider it.

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Investigator's decision on behalf of the Ombudsman