Decision : Closed after initial enquiries
Decision date : 16 Apr 2018
The Ombudsman's final decision:
Summary: The Ombudsman cannot investigate Mr & Mrs B and Ms X’s complaint about court reports the Council provided in family court proceedings. It lies outside our jurisdiction because the law prevents us from investigating matters that have been considered in court.
- Mr & Mrs B and Ms X complain about reports the Council presented to the court for a family court hearing.
The Ombudsman’s role and powers
- The Local Government Act 1974 sets out the Ombudsman’s powers but also imposes restrictions on what she can investigate.
- The Ombudsman 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)
How I considered this complaint
- I considered the information Mr & Mrs B and Ms X provided when they made their complaint to us.
What I found
- Mr & Mrs B and Ms X complain about the contents of court reports produced by the Council in relation to child protection proceedings.
- I cannot investigate this complaint because it is made in relation to matters that have been considered in court proceedings. These lie outside the Ombudsman’s jurisdiction and she has no discretion to consider them.
- The Ombudsman cannot investigate this complaint. This is because it is made in relation to matters that have been considered in court proceedings and these lie outside the Ombudsman’s jurisdiction
Investigator's decision on behalf of the Ombudsman