complaint about a report written by the Council for court proceedings involving his children. This is because the issues Mr X raises are not separable from the matters before the family court.
The complaint
In summary Mr X complains in connection with an incorrect and unfair report written by the Council for a court case. He says the report adversely affected the outcome of the court case.
The Ombudsman’s role and powers
The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
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)
How I considered this complaint
I have read Mr X’s complaint information and the Ombudsman’s Assessment Code.
What I found
Courts decide in cases of disputed living and contact arrangements for children. We are not a substitute for that. We have no powers to intervene in court proceedings or investigate reports prepared for the court. Mr X could have raised his concerns in court.
The Ombudsman cannot separately investigate council officer actions without considering their consequences. In this case all the effect of the Council’s actions are in the court proceedings, reports and evidence.
Final decision
I cannot investigate this complaint. This is because the issues raised are not separable from court proceedings.
Investigator's decision on behalf of the Ombudsman