The Ombudsman's final decision
Summary: We cannot investigate this complaint about the evidence given in court and the reports written for it. An absolute legal bar prevents us doing so.
The complaint
Miss X said the Council failed to present her as a victim of coercive control or to protect her child from harm. She said her ex-partner lied in court, but was given control of the child’s passport by the court.
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.
I considered the Ombudsman’s Assessment Code.
My assessment
The court order Miss X provided showed the matters she complains of were subject to court proceedings.
Final decision
We cannot investigate Miss X’s complaint because we are legally prevented from considering matters subject to court proceedings.
Investigator's decision on behalf of the Ombudsman