Bristol City Council (24 016 400)
Category : Children's care services > Other
Decision : Closed after initial enquiries
Decision date : 25 Mar 2025
The Ombudsman's final decision:
Summary: We cannot investigate this complaint about alleged misconduct, defamation and perjury by the Council. The matters about which Mr X complained to the Council are closely linked to matters concerning the contact arrangements for a child that have been or could reasonably have been raised in court. Defamation and perjury are also matters only a court could consider.
The complaint
- Mr X said the Council had engaged in misconduct, defamation and perjury.
The Ombudsman’s role and powers
- The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
- 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))
- The law says we cannot normally investigate a complaint when someone could take the matter to court. However, we may decide to investigate if we consider it would be unreasonable to expect the person to go to court. (Local Government Act 1974, section 26(6)(c), as amended)
How I considered this complaint
- I considered information provided by the complainant and the Council.
- I considered the Ombudsman’s Assessment Code.
My assessment
- The matters Mr X complained of to the Council were slightly wider than his complaint to us. However, they related to child contact arrangements and what the Council is alleged to have said about him breaching a court order. I have seen evidence that there have been recent court proceedings.
Final decision
- We cannot investigate Mr X’s complaint because the matters he complains of are closely linked to the issue of child contact arrangements, which either were or could reasonably have been raised during court action. Defamation and perjury are matters that only a court could decide.
Investigator's decision on behalf of the Ombudsman