Summary: We cannot investigate Mr X’s complaint the Council’s court report was flawed and resulted in him not having contact with his children for a long time. The Ombudsman cannot lawfully investigate actions which are part of court proceedings.

The complaint

1. Mr X complains the Council provided a court with a report on contact with his children which was flawed. He says the court report omitted information and was biased in favour of the mother. Mr X says the court refused contact because of the social worker’s recommendations. Mr X says for three years he did not see his children. He wants the Council to pay his legal costs, establish contact with his children, apply to court, and improve its practice so fathers are treated fairly.

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The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
3. 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)

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How I considered this complaint

4. I have considered Mr X’s information and comments. The information includes the Council’s reply to the complaint dated 28 August 2021.

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My assessment

5. I cannot investigate this complaint because what happened in relation to court proceedings is outside the Ombudsman’s jurisdiction (see paragraphs 2 and 3 above). This includes the Council’s assessment, the content of court reports and recommendations to court.

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Final decision

6. The Ombudsman cannot investigate Mr X’s complaint that the Council’s court report was flawed and resulted in him not having contact with his children for a long time. The law does not allow the Ombudsman to investigate actions which are part of court proceedings.

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Investigator's decision on behalf of the Ombudsman