Summary: We cannot investigate Mr X’s complaint about a report the Council wrote for court proceedings. This is because the complaint does not meet the tests in our Assessment Code on how we decide which complaints to investigate. We are prohibited from considering matters that have been to court.

The complaint

1. Mr X says the Council wrote an unfair report that was used in court proceedings. He says this has resulted in his children being moved abroad.

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The Ombudsman’s role and powers

2. 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. 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 information provided by the complainant and the Ombudsman’s Assessment Code.

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My assessment

5. Mr X says a ‘biased and unsubstantiated’ report was written by Council staff and used in court. Mr X complains the Council added his ex-partner’s version of events without any evidence. Mr X says this has had a ‘devastating’ impact on his life.
6. Courts decide in cases of disputed living, care and contact arrangements for children. We are not a substitute for that. We cannot intervene in court proceedings or investigate information used by the court. So, we cannot investigate.

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Final decision

7. We will not investigate this complaint as it does not meet the tests in our Assessment Code on how we decide which complaints to investigate. We have no remit to consider matters in connection with court proceedings.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman