Summary: We cannot investigate this complaint about the actions of the Council in seeking a supervision order. This is because the complaint concerns evidence placed before a court and the law prevents us from investigating such matters.

The complaint

1. The complainant, Mr X, complains that the Council has been at fault in the course of its application for a supervision order.

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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)

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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. Mr X’s daughter has been the subject of legal proceedings. The Council has obtained an interim supervision order and has applied for a supervision order. Mr X complains that there has been procedural fault in the Council’s application for the supervision order and that it has been discriminatory in the submission of evidence.
7. The Ombudsman cannot investigate this complaint because it involves evidence and matters considered by a court. By law, we cannot consider what happens in court. This applies to any fault in the submission of evidence. If Mr X has concerns about the Council’s actions, he may raise them with the court during the proceedings.

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Final decision

8. We cannot investigate Mr X’s complaint because it concerns matters considered by a court.

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Investigator's decision on behalf of the Ombudsman