The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s representations to court. The law prevents us investigating the content of court reports.
The complaint
Mr X complained the Council lied in court reports and tried to mislead the court. He said the matter caused him significant distress and he subsequently felt he could not attend the hearings. He wanted assurances the Council would not lie about him again in future court hearings.
The Ombudsman’s role and powers
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
The law expressly prohibits us from investigating what happens in court. This includes the content of reports the Council produces as part of court proceedings.
The concerns Mr X raises all relate to the Council’s representations to court between 2023 and 2024. While Mr X says the matter caused him distress such that he could not attend the hearings, the appropriate route to address any statements he disputed was by engaging in the proceedings. If he did not feel he could attend the hearings himself, it was open to him to raise all concerns via his solicitor. We cannot investigate the matter instead.
Final decision
We will not investigate Mr X’s complaint because the law prevents us investigating the content of reports written for court.
Investigator's decision on behalf of the Ombudsman