Summary: We cannot investigate this complaint about the Council’s kinship assessment. This is because the law prevents us from investigating issues considered by a court.

The complaint

1. Miss X complains about the content of a kinship assessment made by the Council. She said this has caused her significant distress and said she is concerned the assessment could affect any court decision. Miss X wants the Council to review the assessment and ensure it accurately reflects the circumstances.

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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)

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How I considered this complaint

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

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My assessment

6. The Ombudsman cannot investigate Miss X’s complaint. This is because the complaints relate to a document shared with the courts. Because the matter is before a court, the law says we have no jurisdiction to investigate the assessment’s content or how it was produced.

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Final decision

7. We cannot investigate Miss X’s complaint because the law prevents us from investigating matters before a court.

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Investigator's decision on behalf of the Ombudsman