Summary: Mr X complained about the Council’s actions relating to an ongoing court case. We cannot investigate this complaint because the issues he raises are about the accuracy of information used in court and the Council’s actions relating to those proceedings. We cannot influence court proceedings and Mr X should raise his concerns as part of the court process.

The complaint

1. Mr X complained the Council has not adhered to court recommendations during proceedings. He complained about the information included in an assessment the Council carried out, which has been presented to court.
2. Mr X also complained the Council refused to consider his complaint. Mr X considers the issues he raises are historic and not part of court proceedings.

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The Ombudsman’s role and powers

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. The law says we cannot normally investigate a complaint when someone could take the matter to court. However, we may decide to investigate if we consider it would be unreasonable to expect the person to go to court. (Local Government Act 1974, section 26(6)(c), as amended)

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How I considered this complaint

5. I considered the information Mr X provided when he complained to us.
6. I considered Mr X’s comments on a draft version of my decision.

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What I found

7. Mr X is currently involved in court proceedings relating to his child. The Council has carried out assessments and produced reports for the court. Mr X disputes the content of the Council’s reports, as he says they are not factual and are of poor quality. We cannot investigate a complaint about the start of court action or what happened in court. This includes the content of reports that are being used in court proceedings. The Council has responded to Mr X’s complaint and acknowledged issues with how its report is written. This should be communicated to the court before any final decision is made, and it is for the court to decide the extent to which these issues affect the child’s welfare and any decision it makes. We do not have any discretion to consider investigating reports written for court.
8. Some elements of Mr X’s complaint are not about the content of reports but are about, for example, the Council not having arranged for the child’s mother to receive a service the court recommended. I have therefore considered whether we can investigate those issues as we have some discretion.
9. The law says we cannot normally investigate a complaint when someone could take the matter to court. Mr X is concerned about the financial implications of raising the issues in proceedings, and he cannot afford representation. I have considered this carefully. However, the issues Mr X raises are inextricably linked to any decision the courts make about his child. Those proceedings have not finished. Therefore, in any event there are likely to be further hearings, and in the circumstances it is reasonable for Mr X to address his concerns through that process.
10. Mr X has raised concerns about the conduct of proceedings and says he has been prevented from sending relevant evidence to be considered by the court. I have considered whether this impacts the above. However, we have no power to influence the court process and it is open to Mr X to seek legal advice to address his concerns and ensure relevant information is considered.
11. Mr X was not happy with the Council’s decision not to investigate his complaint. It has since sent him a complaint response which acknowledges there are issues in its report. It provides Mr X details for how to escalate his complaint, which we would expect in any event before we can consider a complaint.
12. Until proceedings have come to an end, we would be unable to say how any fault has impacted Mr X and his child, so we could not come to sound conclusions about injustice. After proceedings have come to an end, it is open to Mr X to complain to us again, after exhausting the Council’s internal complaints procedures. We can then consider whether there are elements of Mr X’s complaint we can investigate.

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Final decision

13. The Ombudsman cannot investigate this complaint. This is because it relates to ongoing court proceedings and the issues should be raised with the court.

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Investigator's decision on behalf of the Ombudsman