Trafford Council (22 016 561)

Category : Children's care services > Child protection

Decision : Closed after initial enquiries

Decision date : 26 Mar 2023

The Ombudsman's final decision:

Summary: We cannot investigate this complaint about the content of an assessment and a court report written by the Council. The matters complained of are not separable from the conduct of court proceedings.

The complaint

  1. Mr X said the Council failed to correct an inaccurate assessment despite promising to do so. He said it had since copied the inaccurate information into a s.7 report. He said the Council has failed to respond to his contacts about this.

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The Ombudsman’s role and powers

  1. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
  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. We cannot investigate a complaint if someone has started court action about the matter. (Local Government Act 1974, section 26(6)(c), as amended)
  4. The Courts have said that we cannot investigate a complaint about any action by a council, concerning a matter which is itself out of our jurisdiction. (R (on the application of M) v Commissioner for Local Administration [2006] EHWCC 2847 (Admin))

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How I considered this complaint

  1. I considered information provided by the complainant and the Council.
  2. I considered the Ombudsman’s Assessment Code.

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My assessment

  1. The legal bar that prevents us investigating matters not separable from court action is both wide-ranging and permanent. Court action begins when either party contacts a court. It includes any court document.
  2. A s.7 report is a court-ordered document. Even if it contains inaccurate information copied from an assessment, that information is not separable from court action.

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Final decision

  1. We cannot investigate Mr X’s complaint because:
  • The matters complained of are not separable from matters that form part of court action; and
  • We cannot investigate how the Council has dealt with a matter that is out of our jurisdiction.

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Investigator's decision on behalf of the Ombudsman

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