The Ombudsman's final decision
Summary: We cannot investigate this complaint about information the Council provided to the Children and Family Court Advisory and Support Service. This is because the matter is not separable from what happened in court.
The complaint
The complainant, who I will refer to as Mr B, complains that the Council provided misleading information which disadvantaged him in private law proceedings.
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 considered information provided by the complainant and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Mr B’s son was subject to private law proceedings regarding contact. Mr B says the Council provided misleading information to the Children and Family Court Advisory and Support Service (CAFCASS) and that this information placed him at a disadvantage in the proceedings. He argues that it was material to the negative outcome and, as a result, he was denied contact with his son and was compelled to engage legal representation. He wants the Council to reimburse his legal costs.
The Ombudsman cannot investigate Mr B’s complaint because it concerns the disclosure of information used in a court case. The impact Mr B contends the Council’s disclosure of misleading information to CAFCASS relates to the outcome of the legal proceedings and what followed from the Court’s decision. The matters are not separable. This places the complaint outside the Ombudsman’s jurisdiction. We cannot intervene.
Final decision
We cannot investigate Mr B’s complaint because it concerns a matter which is not separable from what happened in court.
Investigator's decision on behalf of the Ombudsman