Summary: We will not investigate this complaint about the Council’s actions relating to a court process. The law prevents us from investigating what happens as part of court proceedings.

The complaint

1. Mr X complains about the Council’s involvement with his child. He says he is being prevented from having unsupervised contact with him and the Council is relying on unproven allegations.

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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. The courts have said we can decide not to investigate a complaint about any action by an organisation concerning a matter which the law says we cannot investigate. (R (on the application of M) v Commissioner for Local Administration [2006] EHWCC 2847 (Admin))

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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. We cannot investigate due to ongoing court proceedings. The law prevents us from investigating the start of court action or what happens during court proceedings. We would be prevented from investigating the Council’s decision to commence court proceedings and the information considered in court. The consequence of the matters he raises rely on the court’s decision.

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Final decision

7. We will not investigate Mr X’s complaint because it is about the Council’s actions as part of a court process.

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Investigator's decision on behalf of the Ombudsman