Summary: We cannot investigate Miss X’s complaint about the contents of a report which has been considered in court proceedings because it lies outside our jurisdiction. The law prevents us from investigating complaints about matters that have been considered in court. We have no discretion to do so.

The complaint

1. The complainant, whom I shall call Miss X, complains about a court ordered report which has been considered in court proceedings. Miss X says the Council did not update the report to include changes prior to the court hearing and this impacted the judge’s decision.

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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.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Miss X complained to the Council about a court ordered report not being updated prior to the court hearing and about the impact of this on the judge’s decision in relation to her children.
7. The Council explained it was unable to consider Miss X’s complaint because it was about matters that were considered in court proceedings. It advised Miss X to seek legal advice should she wish to appeal the court’s decision.

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Final decision

8. We cannot investigate Miss X’s complaint because it lies outside our jurisdiction. The law prevents us from investigating complaints about matters that have been considered in court. We have no discretion to do so.

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Investigator's decision on behalf of the Ombudsman