Summary: We cannot investigate Ms X’s complaint about the Council providing inaccurate and false information about her to the Court of Protection. This is because the law prevents us from considering such matters which are part of court proceedings.

The complaint

1. Ms X complained the Council provided inaccurate and false information about her to the Court of Protection in relation to her son’s care and support needs. She said the matter caused her distress. She wants the Council to provide her with an apology and a financial remedy for the injustice caused.

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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 Ms X and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. We cannot investigate Ms X’s complaint because the law prevents us from doing so. The preparation, collation and analysis of evidence including reports written by social workers prepared for court proceedings fall out of our jurisdiction.

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Final decision

7. We cannot investigate Ms X’s complaint because the law prevents us from considering such matters which are part of court proceedings.

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Investigator's decision on behalf of the Ombudsman