The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s involvement with the complainant’s family and the living arrangements of their child. This is because we cannot consider complaints linked to court proceedings or achieve the outcome the complainant wants.
The complaint
The complainant, whom I shall refer to as Mr X, complained about the Council’s involvement with his family. Mr X says the Council has failed to act as directed by the Court. He wants the Council to follow the Court’s orders. Mr X is unhappy with his child’s living arrangements and a lack of contact.
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) We have the power to start or discontinue an investigation into a complaint within our jurisdiction. We may decide not to start or continue with an investigation if we think the issues could reasonably be, or have been, raised within a court of law. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended) We do not start or may decide not to continue with an investigation if we decide we cannot achieve the outcome someone wants. (Local Government Act 1974, section 24A(6))
How I considered this complaint
I considered information provided by the complainant and the Ombudsman’s Assessment Code.
My assessment
We will not start an investigation into Mr X’s complaint.
The law prevents us from considering complaints about what happened in court or matters which are linked to court proceedings. We cannot consider complaints about the preparation, collation, and analysis of evidence, including reports written by social workers or other officers for court proceedings. We cannot consider complaints about the evidence given in court by council officers. Complaints about a council failing to follow a court’s orders are also outside our jurisdiction.
If Mr X thinks the Council has failed to follow the Court’s orders, then he needs to raise this with the Court.
Decisions regarding the living arrangements of Mr X’s child are also for the Court. We have no powers to say where Mr X’s child should live, or the level of contact Mr X should have with them. These are not matters for the Ombudsman.
Final decision
We will not investigate Mr X’s complaint because we cannot consider complaints linked to court proceedings or achieve the outcome he wants.
Investigator's decision on behalf of the Ombudsman