Summary: The Ombudsman cannot investigate Miss X’s complaint about the contents of the Council’s court reports because it lies outside his jurisdiction. The law prevents the Ombudsman from investigating matters that have been considered in court proceedings.

The complaint

1. The complainant, whom I shall call Miss X, complains the Council lied in reports that have been considered by the court in family court proceedings.

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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)

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How I considered this complaint

4. I considered the information Miss X provided. I also considered the information the Council provided in response to our initial enquiries. I sent Miss X a draft of my decision and invited her comments on it.

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What I found

5. Miss X complains the Council lied and fabricated information in reports considered in family court proceedings relating to her son’s contact with his father. Miss X says this has made each stage of the court case more difficult for her.
6. The Council told Miss X the concerns she was raising needed to be directed to the court as it was the court, not the Council, that decided the contact arrangements for her son with his father. It is a matter for the court to consider any concerns about the arrangements it has decided. It advised Miss X to seek advice from her solicitor about this.

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Final decision

7. We cannot investigate this complaint. This is because Miss X is complaining about matters that have been considered and decided in court. The law prevents us from considering such matters. We have no discretion to do so.

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Investigator's decision on behalf of the Ombudsman