Summary: We will not investigate this complaint about the Council’s involvement in court proceedings. The law prevents us from doing so.

The complaint

1. Miss X complained about the Council’s involvement in her child’s case. She said Council staff have been biased towards her child’s other parent and gave false evidence to the court, in the other parent’s favour. She said this led to her and her child being separated, and her child suffering abuse from their other parent. She wanted the Council to write to the court to correct its evidence, for her child to be returned to her care and to be paid compensation.

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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 end an investigation into a complaint about actions the law allows us to investigate. We may decide not to start or continue with an investigation if we think the issues could reasonably be, or have been mentioned as part of the legal proceedings regarding a closely related matter. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended, section 34(B))

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How I considered this complaint

4. I considered information provided by the complainant.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Miss X’s complaint is about the Council’s representations to the court as part of private proceedings between her and her child’s other parent. The law prevents us from investigating what happens in court, which includes the contents of a council’s report to court and its related actions.
7. Miss X’s concerns about bias are matters she should raise as part of the ongoing proceedings. We have no power to intervene or to make decisions in place of the court. Only the court, not us or the Council, can decide what is in the child’s best interests.

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Final decision

8. We will not investigate Miss X’s complaint because the law prevents us from considering complaints about what happens during court proceedings.

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Investigator's decision on behalf of the Ombudsman