Summary: We cannot investigate this complaint about what the Council included in reports about Ms X’s family. These matters are not separable from matters that have been before a court.

The complaint

1. Ms X said there were inaccuracies in documents the Council provided for a court. She wanted the Council to correct these inaccuracies.

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The Ombudsman’s role and powers

2. 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)
3. The courts have said that where someone has used their right of appeal, reference or review or remedy by way of proceedings in any court of law, the Ombudsman has no jurisdiction to investigate. This is the case even if the appeal did not or could not provide a complete remedy for all the injustice claimed. (R v The Commissioner for Local Administration ex parte PH (1999) EHCA Civ 916)

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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. The complaint concerns court reports.

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Final decision

7. We cannot investigate Ms X’s complaint because it is not separable from matters that were before a court.

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Investigator's decision on behalf of the Ombudsman