Summary: We will not investigate this complaint about inaccurate information recorded by the Council’s children’s services. This is because the information has been considered in court.

The complaint

1. The complainant, who I will call Miss X, complains that the Council’s children’s services has recorded inaccurate information about her which has been provided to the courts who are currently considering the care arrangements of her daughter.

Back to top

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)

Back to top

How I considered this complaint

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

Back to top

My assessment

6. I cannot investigate Ms X’s complaint because the information which she complains about has been considered in court. This places Ms X complaint outside of out jurisdiction.
7. The Council said it will not investigate because this could prejudice the proceedings, but Ms X could complain again once proceedings have concluded. It is therefore reasonable for Ms X to ask the Council to review her complaint once the proceedings have ended.

Back to top

Final decision

8. We will not investigate Ms X’s complaint because the matter has been subject to court proceedings.

Back to top

Investigator's decision on behalf of the Ombudsman