Summary: We cannot investigate Mr C’s complaint about inaccuracies in a Council assessment. This is because the main points of complaint are closely connected to court action, which we cannot investigate.

The complaint

1. Mr C complains that a Council assessment contains multiple inaccuracies about allegations against him. This report is cited in court proceedings.

Back to top

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. 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)
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))

Back to top

How I considered this complaint

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

Back to top

My assessment

7. The concerns Mr C raises are about a Council assessment report concerning his child, which is being used in court action involving his family.
8. The court, not the Council, will decide the relevant matters regarding Mr C’s family. As the report is being used in court proceedings, Mr C has had the opportunity to point out where he believes the report is flawed, including one part the Council acknowledged could have been clearer.
9. If Mr C feels there are inaccuracies in the report, it is reasonable to expect him to raise these in court.
10. Apart from the report’s alleged possible impact on court action, I acknowledge the report might have caused Mr C some upset. The Council has said Mr C can put his comments about the report in writing and it will keep those comments on the child’s record. We could not reasonably achieve more than that.

Back to top

Final decision

11. We cannot investigate Mr C’s complaint because it is mainly about the report’s possible impact on court proceedings, which Mr C could reasonably raise in court.

Back to top

Investigator's decision on behalf of the Ombudsman