complaints triggered by a report used in the family court. This is because the issues Mr X raises cannot be separated from the matters decided in the family court.
The complaint
Mr X complains about a s37 report provided by Council staff affecting his family matters. He also complains of other matters in connection with his family matters.
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 all the complaint information sent in by Mr X and also considered the Ombudsman’s Assessment Code.
My assessment
We cannot intervene in court proceedings or investigate reports prepared for the court.
We 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. So, Mr X’s remedy lay via his private law action in the courts, and we cannot investigate any aspect of this complaint.
Final decision
I cannot investigate this complaint. This is because the complaint issues are not separable from what happened in court.
Investigator's decision on behalf of the Ombudsman