Summary: We cannot investigate Mr X’s complaint about information that the Council presented in court. This is because the law prevents us from investigating complaints about what happened in court.

The complaint

1. Mr X complains that the Council provided inaccurate information during court proceedings to determine the care and contact arrangements for his children, and that it failed to support him during proceedings. Mr X wants compensation and for a social worker to be dismissed.

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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 impact 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 or continue an investigation if we decide:

• any injustice is not significant enough to justify our involvement, or
• we cannot achieve the outcome someone wants.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

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 Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. I cannot investigate Mr X’s complaint that the Council provided inaccurate information during court proceedings. The law prevents us from investigating what happened in court, including information provided by councils during proceedings.
7. Mr X also complained to the Council that it failed to support him during proceedings because it ignored his calls and emails. I will not investigate this element of Mr X’s complaint because poor communication alone has not caused him a significant enough injustice to warrant our further involvement. Furthermore, we have no power to recommend the Council dismiss staff so we cannot achieve the outcome Mr X seeks in this regard.

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Final decision

8. We cannot investigate Mr X’s complaint because the law prevents us from investigating complaints about what happened in court

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Investigator's decision on behalf of the Ombudsman