Kingston Upon Hull City Council (22 016 132)

Category : Education > Other

Decision : Closed after initial enquiries

Decision date : 29 Mar 2023

The Ombudsman's final decision:

Summary: We will not investigate this complaint about how the Council completed a section 7 report for the Court. We have no jurisdiction to investigate the content of reports prepared for the Court.

The complaint

  1. Mr X complained the Council incorrectly identified him as the perpetrator of domestic abuse and that it lied to the Court resulting in him from being prevented from seeing his children. He said the Council was biased and colluded with his ex-partner. He disagreed with the Council’s section 7 court report. He is also unhappy as the Council will not investigate his complaint.
  2. Mr X wants the Council to overhaul its services.

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The Ombudsman’s role and powers

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

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How I considered this complaint

  1. I considered information provided by the complainant and the Council.
  2. I considered the Ombudsman’s Assessment Code.

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My assessment

  1. The Court asked the Council to complete a section 7 report to inform its consideration of child contact arrangements between Mr X and his children. The Council’s report set out concerns it had with Mr X’s abusive behaviour. It also included Mr X’s views the Council had colluded with other agencies and his ex-partner.
  2. We will not investigate this complaint as we have no jurisdiction to investigate complaints about the start of court action or what happened in court. That includes the content of the Council’s court report and Mr X’s allegation the Council was biased or collusive. These are matters that have been put to the Court. We also have no jurisdiction to consider how the Council dealt with Mr X’s complaint.

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Final decision

  1. We will not investigate Mr X’s complaint because we have no jurisdiction to investigate the start of court proceedings or what happened in court.

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Investigator's decision on behalf of the Ombudsman

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