Summary: We cannot investigate Mr X’s complaint about the accuracy of Council records. This is because the matter has either been considered in court or could reasonably be raised in court.

The complaint

1. Mr X complained a social worker included information about him in an assessment report which he believed was not accurate. He said the report was misleading and may have negatively impacted his case and court proceedings. He wanted the report, and the court records, to be checked and corrected.

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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)

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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. Mr X complained a social worker included inaccurate information in a report about him, which was used in court proceedings he was involved in.
7. We cannot investigate Mr X’s complaint. The law prevents the Ombudsman from considering complaints about matters already discussed in court or which could reasonably be raised in court during the proceedings. Mr X had the opportunity to raise his concerns about the accuracy of the report in court. 

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Final decision

8. We cannot investigate Mr X’s complaint because we cannot consider complaints about matters that were discussed or could be discussed in court.

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Investigator's decision on behalf of the Ombudsman