Summary: We will not investigate this complaint about the Council’s children’s services. Legal proceedings are ongoing, and we cannot investigate matters considered in court.

The complaint

1. Ms X complained the information shared by the Council in a multi-agency setting was not accurate. She said it was biased in how it considered the case. Ms X stated this has had a significant impact on the family, and is likely to impact the outcome of private court proceedings. She wanted the Council to review the case.

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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. We have the power to start or end an investigation into a complaint about actions the law allows us to investigate. We may decide not to start or continue with an investigation if we think the issues could reasonably be, or have been mentioned as part of the legal proceedings regarding a closely related matter. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended, section 34(B))

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How I considered this complaint

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

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My assessment

7. Ms X complained the information shared by the Council in a multi-agency setting was not accurate. The Council declined to investigate this complaint because of ongoing private legal proceedings. It said investigating the complaint could prejudice the court proceedings.
8. We cannot investigate anything discussed at court. We could not consider the Council’s representations to court and we have no power to influence the court’s decision. While it is not the court’s role to say whether the Council has been at fault, it is reasonable for Ms X to raise all parts of her complaint as part of the proceedings as they affect the court’s decision. We cannot investigate Ms X’s complaint.
9. However, after the proceedings have ended, it is open to Ms X to resubmit the complaint for the Council to consider.

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Final decision

10. We will not investigate Ms X’s complaint because of ongoing court proceedings.

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Investigator's decision on behalf of the Ombudsman