Summary: We cannot investigate this complaint about the contents of an assessment. This is because the matter is currently being considered by the courts.

The complaint

1. Miss X complains that the Council has produced a biased assessment containing inaccurate information.

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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)
4. The law says we cannot normally investigate a complaint when someone could take the matter to court. However, we may decide to investigate if we consider it would be unreasonable to expect the person to go to court. (Local Government Act 1974, section 26(6)(c), as amended)

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How I considered this complaint

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

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My assessment

7. Miss X’s grandchild is subject to ongoing care proceedings. The Council has completed a viability assessment of Miss X’s suitability to care for the child, as ordered by the courts.
8. I cannot investigate Miss X’s complaint because it concerns matters that are currently being considered by the courts. If Miss X disagrees with the contents of the assessment, it is reasonable for her to address this during the court proceedings.

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Final decision

9. We will not investigate Miss X’s complaint because it is about something being considered by the courts.

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Investigator's decision on behalf of the Ombudsman