Summary: We cannot investigate Mr X’s complaint about a court ordered report because it lies outside our jurisdiction. The law prevents us from considering complaints about matters that have been considered in court proceedings. We have no discretion to do so. We will not consider Mr X’s complaint about a previous social worker’s actions in 2020. This part of the complaint lies outside our jurisdiction because it is late and there are not good grounds to exercise discretion to consider it now.

The complaint

1. The complainant, whom I shall call Mr X complains about a court ordered report. Mr X says the officer included incorrect information in the court report about his criminal record, which affected the outcome. Mr X also complains about a previous social worker’s actions in 2020.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse effect on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We may decide not to start an investigation if the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)
3. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
4. We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council has done. (Local Government Act 1974, sections 26B and 34D, as amended)
5. 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

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

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My assessment

8. Mr X complains a Council officer included incorrect information relating to his criminal record in a court ordered report for family court proceedings. The report incorrectly stated Mr X had five convictions for assault.
9. The Council has considered the matter as a GDPR issue. Mr X says the Information Commissioner’s Office (ICO) is now also involved.
10. Mr X also complains about the actions of a previous social worker in 2020. Mr X says the social worker advised his ex-partner to go to a refuge with his children. He also complains about her completion of a child and family assessment in 2020.

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Final decision

11. We cannot investigate Mr X’s complaint about the court report and its contents because it lies outside our jurisdiction. The law prevents us from investigating complaints about matters that have been considered in court. This restriction applies to reports which have been considered in court proceedings. We have no discretion to consider them and cannot do so.
12. We will not investigate Mr X’s complaint about the social worker’s actions in early 2020. This part of the complaint lies outside our jurisdiction because it is late. The law says a complaint should be made to us within 12 months of the person affected first becoming aware of the matter. I see no good grounds to exercise discretion to consider this late part of the complaint now.

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Investigator's decision on behalf of the Ombudsman