Summary: We cannot investigate this complaint about inaccurate information recorded about the complainant. This is because the matter is now subject to court proceedings.

The complaint

1. Mr X complains that the Council’s children’s services has recorded inaccurate allegations about him in reports. Mr X says the Council used the inaccurate information to escalate the case to the Public Law Outline procedures.

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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 considered information provided by the complainant and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. I cannot investigate Mr X’s complaint that the Council has recorded inaccurate allegations about him in child protection reports. This is because the Council has commenced court proceedings about these matters and therefore we have no legal powers to investigate the issues raised.

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Final decision

7. We cannot investigate Mr X’s complaint because the matters raised are subject to legal proceedings.

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Investigator's decision on behalf of the Ombudsman