Summary: We cannot investigate this complaint about a court report. The law prevents us from investigating anything that has or is the subject of court proceedings.

The complaint

1. Miss X complains the Council has included outdated and inaccurate information about her circumstances in reports for the court in relation to her child. She does not want her child to be adopted and wants the Council to give her a second chance and reunite her with her child.

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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. The Council has explained it did not prepare the report about Miss X’s child for the court. Because of this it cannot change the information in the report. The Council has also explained it cannot investigate and respond to Miss X’s complaints while the court is considering care arrangements for her child. It has invited her to return with her complaints about its handling when the court proceedings have ended.
8. We will not investigate Miss X’s complaint because the issues she raises are the subject 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 or other parties have 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.

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Final decision

9. We will not investigate Mrs X’s complaint because the law prevents us from investigating matters that are or have been subject of court proceedings.

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Investigator's decision on behalf of the Ombudsman