The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s involvement in Mr X’s children’s case. The law prevents us from investigating matters that have been raised in court.
The complaint
Mr X complained the Council acted in a biased way towards him during its involvement in his children’s case. He said this impacted court proceedings between him and his children’s mother. He wanted the Council to be shut down.
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.
I considered the Ombudsman’s Assessment Code.
My assessment
Mr X’s complaint is about the Council’s assessment of his children’s welfare. The courts are currently involved. Mr X says the children’s mother used the Council’s reports, which he considers biased, to support her case.
The law prevents us from investigating what happens in court. We cannot consider the content of any reports that have been presented as part of proceedings. It is reasonable for Mr X to raise his concerns of bias as part of the proceedings, as this is relevant information for the court to consider when deciding what weight to give to all parties’ representations.
Final decision
We will not investigate Mr X’s complaint because it is about information that has been presented in court.
Investigator's decision on behalf of the Ombudsman