Summary: The Ombudsman will not investigate Ms X’s complaint about the Council’s involvement with her family. This is because we cannot investigate matters which have been considered or decided in court.

The complaint

1. The complainant, whom I shall call Ms X, complains the Council acted ‘fraudulently’ during legal proceedings to obtain court orders. Ms X is unhappy with decisions taken in court about contact with 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 have the power to start or discontinue an investigation into a complaint within our jurisdiction. We may decide not to start or continue with an investigation if we think the issues could reasonably be, or have been, raised within a court of law. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended)

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How I considered this complaint

5. I considered Ms X’s complaint to the Ombudsman and the information she provided. I also gave Ms X the opportunity to comment on a draft statement before reaching a final decision on her complaint.

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What I found

6. The exceptions at paragraphs 3 and 4 apply to Ms X’s complaint. We cannot investigate matters discussed in court. If Ms X wanted to challenge the Council’s position, then she should have done so in court. We also have no powers to challenge decisions taken in court. If Ms X is unhappy with the contact arrangements for her children, then she should consider asking the Court to review them. We cannot achieve the outcome Ms X wants.

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Final decision

7. The Ombudsman cannot investigate Ms X’s complaint. This is because we cannot consider matters which have been considered or decided in court.

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Investigator's decision on behalf of the Ombudsman