London Borough of Bexley (25 001 900)
Category : Children's care services > Child protection
Decision : Closed after initial enquiries
Decision date : 12 Jun 2025
The Ombudsman's final decision:
Summary: We will not investigate Miss X’s complaint the Council has recorded false information about her and her child. The law prevents us from investigating anything that is or has been the subject of court proceedings.
The complaint
- Miss X complains the Council has recorded false information about her contact with her child. She says this has impacted on court hearings about her child. She has been separated from her child for five months which has caused significant distress. She wants the Council to apologise and correct the information about her.
The Ombudsman’s role and powers
- 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))
How I considered this complaint
- I considered information provided by the complainant and the Ombudsman’s Assessment Code.
My assessment
- The Council had previously responded to Miss X’s complaint under stage one of the statutory complaint procedure for children’s social care. It recently explained it could not consider and respond to Miss X’s stage two complaint because of ongoing court proceedings.
- The law prevents us from becoming involved in matters that are or have been the subject of court proceedings. It would be for Miss X to raise any concerns about any information or reports the Council has prepared for the court in that forum. We have no power to intervene or make decisions in place of the court. Only the court can decide what is in a child’s best interest and on any matters of dispute.
Final decision
- We will not investigate Miss X’s complaint because the law prevents us from investigating anything that is or has been the subject of court proceedings.
Investigator's decision on behalf of the Ombudsman