Summary: We will not investigate this complaint about inaccuracies in the Council’s assessments relating to Miss X’s children. The matter is currently being considered as part of family court proceedings. It is open to Miss X to complain after those proceedings have finished.

The complaint

1. Miss X complained about three assessments the Council completed since 2021, which she says included multiple inaccuracies which she fears will prejudice court proceedings. She says the Council also refused to consider her complaint. Miss X says these events have caused her significant distress and have impacted her relationship with her child’s father. Miss X wants the Council to correct the information in its assessments.

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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 Ombudsman investigates complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We do not start or may decide not to continue with an investigation if we decide:

• there is not enough evidence of fault to justify investigating, or
• any fault has not caused injustice to the person who complained, or
• any injustice is not significant enough to justify our involvement, or
• there is another body better placed to consider the complaint.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

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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. Miss X says the Council has completed three assessments relating to her child since 2021. She says the assessments included several inaccuracies and she is concerned about the impact this will have on current family court proceedings as those reports will be considered by the court.
7. We cannot investigate what happens in court, which includes the Council’s representations to court. We may have discretion to consider parts of Miss X’s complaint. However, we cannot do so while court proceedings are ongoing, as to do so could prejudice those proceedings.
8. We could not say at this time which parts of the complaints are within our legal remit, and what the impact of any fault by the Council has been. Miss X has the opportunity to raise her concerns about the accuracy of reports as part of the proceedings.
9. After proceedings have completed, it is open to Miss X to complain to the Council. Then, it is open to her to complain to the Ombudsman if necessary, at which time we can consider whether we can and should investigate any elements of the complaint.

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Final decision

10. We will not investigate Miss X’s complaint because it is about matters that are currently being considered in court.

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Investigator's decision on behalf of the Ombudsman