Summary: We cannot investigate this complaint about the Council’s actions concerning Mr X and his family, regardless of whether these amount to the Council presenting untruths to a court or concealing information from it. This is because the complaint does not meet the tests in our Assessment Code on how we decide which complaints to investigate. The matters complained of are not separable from matters concerning contact with children that are before a court and can only be decided by a court.

The complaint

1. Mr X said the Council has refused to release a report to him, and that this means it is sitting on vital information that affects a current court case regarding contact with his children. He said the process has taken too long and that the social worker is biased towards the children’s mother.
2. Mr X said the information the Council provided affected the outcome in court.
3. He wanted the Council to correct inaccurate information to ensure the court process would not be impacted by it. He also wanted compensation for the time and money it had cost him to fight a biased and unjust system.

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The Ombudsman’s role and powers

4. We cannot investigate a complaint if someone has started court action about the matter. (Local Government Act 1974, section 26(6)(c), as amended)
5. The courts have said that where someone has used their right of appeal, reference or review or remedy by way of proceedings in any court of law, the Ombudsman has no jurisdiction to investigate. This is the case even if the appeal did not or could not provide a complete remedy for all the injustice claimed. (R v The Commissioner for Local Administration ex parte PH (1999) EHCA Civ 916)
6. The law says we cannot normally investigate a complaint when someone could take the matter to court. However, we may decide to investigate if we consider it would be unreasonable to expect the person to go to court. (Local Government Act 1974, section 26(6)(c), as amended)

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How I considered this complaint

7. I considered information provided by the complainant.
8. I considered the Ombudsman’s Assessment Code.

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Final decision

9. We cannot investigate Mr X’s complaint because the matters complained of are not separable from matters that have been before a court and where it would be reasonable for Mr X to go back to court.

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Investigator's decision on behalf of the Ombudsman