Summary: We cannot investigate Mr X’s complaint about information the Council provided to the court in care proceedings because it lies outside our jurisdiction. The law prevents us from considering complaints about matters that have been considered in court.

The complaint

1. The complainant, whom I shall call Mr X, complains about information the Council provided to the court during care proceedings.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse effect on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We may decide not to start an investigation if the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)
3. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
4. 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

5. I considered information provided by the complainant and the Council.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. Mr X complained to the Council about information it provided in a court report during care proceedings and about evidence it provided to the court.
8. Mr X said the Council provided incorrect information which has had an ongoing impact on his life and mental health. He has lost all contact with his children. Mr X said the Council told the court it wanted him to agree not to have contact with anyone under the age of 18. Mr X also raised concerns the Council had made some incorrect allegations about him in its report.
9. In response to Mr X’s complaint, the Council said any concerns about the evidence it provided to the court should have been raised via his legal representative during the court proceedings. It said the allegations Mr X referred to were not recorded in the Council’s court reports. It advised Mr X to seek legal advice if he considers the information it provided to the court to be factually incorrect.

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Final decision

10. We cannot investigate Mr X’s complaint. It lies outside our jurisdiction because it is about matters that have been considered in court. The law prevents us from investigating such matters. We have no discretion to do so.

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Investigator's decision on behalf of the Ombudsman