Summary: We cannot investigate this complaint about the accuracy of information in a court report. The law prevents us from investigating a complaint about what happened in court.

The complaint

1. Mr X complained that a social worker inaccurately recorded what was discussed in a telephone conversation with him.
2. Mr X said that this inaccurate information has been included as evidence in a court case.
3. Mr X wants the inaccurate information removed from all court documents, the social worker to apologise and for her role to be reviewed.

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The Ombudsman’s role and powers

4. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
5. 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)
6. 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

7. I considered information provided by Mr X and the Council.
8. I considered the Ombudsman’s Assessment Code.

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Final decision

9. We cannot investigate Mr X’s complaint because the law prevents us from investigating a complaint about what happened in court.

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Investigator's decision on behalf of the Ombudsman