Summary: We will not investigate this complaint about the Council’s children’s services involvement in Mr X’s child’s case. The complaint is about the content of a report written for court and related matters. The law prevents us from investigating what happens in court, and the related matters are not separable from the proceedings themselves.

The complaint

1. Mr X complained the Council lied before and during court proceedings and recorded false information relating to drug use. He said the Council wrongly declined to investigate his complaint. He said the matter negatively impacted the court proceedings and his relationship with his child. He said it also caused him distress and impacted other relationships. He wanted the Council to amend its report, carry out a fair parenting assessment and provide support to assist his relationship with his child.

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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 cannot influence the outcome of court proceedings. It is reasonable for Mr X to raise his concerns as part of the proceedings, insofar as they may impact the weight the judge assigns to the Council’s representations.
8. We will not investigate the actions of the social worker, who Mr X says lied before court proceedings had begun. This is ultimately not separable from the substantive complaint which is the subsequent content of the social worker’s report. We will also not investigate the Council’s complaint-handling in isolation.

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Final decision

9. We will not investigate Mr X’s complaint because the law prevents us investigating what happens as part of court proceedings.

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Investigator's decision on behalf of the Ombudsman