The Ombudsman's final decision
Summary: We cannot investigate this complaint about court reports. The law prevents us from investigating anything that is or has been the subject of court proceedings.
The complaint
Miss Y complained the Council made false allegations in court which led to her being unable to see two children she is related to. She seeks the return of her relatives to her care.
The Ombudsman’s role and powers
We have the power to start or end an investigation into a complaint about actions the law allows us to investigate. We may decide not to start or continue with an investigation if we think the issues could reasonably be or have been mentioned as part of the legal proceedings regarding a closely related matter. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended, section 34(B)) 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 Miss Y provided and the Ombudsman’s Assessment Code.
My assessment
Miss Y complained to the Council in Autumn 2024 about the details of a report submitted to the court. The Council responded, explaining that it would not respond further to Miss Y’s complaint as the issue was part of existing legal proceedings. Miss Y then approached us in May 2025.
The law prevents us from becoming involved in matters that are or have been the subject of court proceedings. It would be for Miss Y to raise any concerns about any information or reports the Council has prepared for the court in that forum. We have no power to intervene or make decisions in place of the court. Only the court can decide what is in a child’s best interest and on any matters of dispute. Consequently, we cannot investigate Miss Y’s complaint.
Final decision
We will not investigate Miss Y’s complaint because law prevents us from investigating anything that is or has been the subject of court proceedings.
Investigator's decision on behalf of the Ombudsman