Summary: We will not investigate this complaint about the accuracy of the information in the parental assessment before the court. The law prevents us from looking into matters linked to court action or issues dealt with in court. It is reasonable for Miss X to raise this within those proceedings.

The complaint

1. Miss X says she has been treated unfairly and that the parental assessment before the court contains false and misleading information. She believes these errors and the lack of transparency are harming her and her child. She also says the reasons for taking the case to court were based on untrue statements, and since the interim order she has faced contact arrangements that are unfair and not in her child’s best interests.

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The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
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)
4. 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

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How I considered this complaint

5. I considered information provided by the complainant and the Council.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. We cannot investigate Miss X’s complaint because the issues she raises formed part of court proceedings. The law stops us from looking into the start of court action or anything dealt with in court, including reports the Council prepared and presented to the court.
8. It is reasonable for Miss X to raise her concerns about the parental assessment and related reports directly with the court, because these issues relate to the court’s consideration of the Council’s evidence. For this reason, we will not investigate the complaint.

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Final decision

9. We will not investigate Miss X’s complaint because the law says we cannot look at complaints about court action or what happened in court, or issues that are too closely linked to court proceedings.

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Investigator's decision on behalf of the Ombudsman