Summary: We cannot investigate Mr X’s complaint because it lies outside our jurisdiction. The law prevents us from investigating complaints about matters that have been, or are being, considered in court proceedings. We have no discretion to do so.

The complaint

1. The complainant, Mr X, complains about the contents of a court ordered report that has been submitted to the court in private court proceedings for his partner’s children. Mr X says the report incorrectly states he has been convicted of offences against children.

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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 do not start an investigation if we decide 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.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. Mr X complained to the Council about the contents of a court ordered report which has been submitted to the court in private proceedings relating to his partner’s children. Mr X says the report incorrectly states he has convictions for offences against children.
8. The Council told Mr X it would not consider his complaint because he is not the childrens’ parent and he does not have sufficient interest to make a complaint under the childrens complaints procedure. It also explained that it would not be able to share detailed information about its involvement in the case with him, for the same reason.
9. We cannot investigate Mr X’s complaint because it lies outside our jurisdiction. The law prevents us from investigating complaints about matters that have been, or are being, considered in court proceedings. We have no discretion to do so. This restriction also applies to reports that are submitted to the court.
10. There is no sign of fault in the Council’s decision not to consider his complaint via the complaints procedure because he is not the childrens’ parent and does not have parental responsibility. As set out in the Council’s response, this approach is in line with the relevant statutory guidance. The same would apply to a complaint to this office about a matter we could consider.

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Final decision

11. We cannot investigate Mr X’s complaint about a report that has been submitted to the court. It lies outside our jurisdiction and the law says we cannot consider it.

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Investigator's decision on behalf of the Ombudsman