The Ombudsman's final decision
Summary: We cannot investigate this complaint that the Council’s actions in court impacted the care arrangements of the complainants’ grandchildren. The law prevents us from investigating complaints about what happened in court.
The complaint
Mr X complains about the Council’s treatment of him during court proceedings to determine the care arrangements of his grandchildren. Mr X complains about the contents of an assessment that the Council submitted to the court that he says led to the court’s decision not to award him care.
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
I cannot investigate Mr X’s complaint. The law prevents us from investigating complaints about what happened in court proceedings. This means we cannot investigate any information the Council provided to the court about Mr X’s suitability to care for his grandchildren or what was said by the Council during these proceedings.
Final decision
We cannot investigate X’s complaint because it is about what happened in court.
Investigator's decision on behalf of the Ombudsman