Summary: We will not investigate this complaint about the Council’s children’s services involvement in Miss X’s grandchild’s case. The complaint is about the content of a report written for court. The law prevents us from investigating what happens in court.

The complaint

1. Miss X complained about the Council’s actions in relation to her grandchild’s case. She said the Council was biased in its representations to court. Miss X said this caused her significant distress and impacted her contact with her grandchild. She wanted the Council to review its assessment.

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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. The law expressly prohibits us from investigating what happens as part of court proceedings. This includes:
• the content of reports written for, or used in, court; and
• the actions of social workers when compiling evidence for those reports, where the alleged impact of their actions is what they presented to the court.
7. We have no power to investigate this complaint. Only the courts could make a new decision about Miss X’s contact with her grandchild. It is open to her to seek legal advice.

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Final decision

8. We will not investigate Miss X’s complaint because the law prevents us from investigating what happens in court.

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Investigator's decision on behalf of the Ombudsman