Summary: We cannot investigate Ms X’s complaint about the Council’s views on Ms X’s children’s care or the information the Council gave a Court. We cannot investigate the conduct of legal proceedings and the Court is currently considering the children’s care.

The complaint

1. The complainant, whom I shall call Ms X, disagrees with the Council’s views on whom should care for her children. She says it has given incorrect information to the Court.

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The Ombudsman’s role and powers

2. 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)
3. 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

4. I considered the information Ms X provided with her complaint and the Council’s reply. Ms X had the opportunity to comment on a draft version of this decision.

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What I found

Background

5. Ms X says the Council removed her children from her care because it believed information the children’s father gave the Council which she says is inaccurate. She says the Council told the Court inaccurate information about her, her life and her children’s care.
6. The Council says it cannot investigate this complaint as the Court is currently considering the case. It says what started as private law proceedings between Ms X and the children’s father about their care, is now a Care Proceedings case and the Court is deciding if the Council should care for the children.

Analysis

7. We cannot investigate the same issues a Court is considering. This means we cannot investigate with whom the children should live.
8. We cannot investigate the preparation, collation, and analysis of evidence, including reports written by social workers or other officers for court proceedings and evidence given by council officers in any proceedings.

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Final decision

9. We cannot investigate this complaint. This is because we cannot investigate the Council’s conduct in legal proceedings nor the issues a Court is considering.

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Investigator's decision on behalf of the Ombudsman