Summary: The Ombudsman cannot investigate this complaint about information included in a report presented to the court regarding the care of the complainant’s grandchild. This is because the law prevents the Ombudsman from investigating any matter that forms part of legal proceedings.

The complaint

1. The complainant, whom I refer to as Mrs X, says she failed in her application to become a foster carer because the Council put inaccurate information in a report.

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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 read the complaint and the Council’s responses. I found out that the report has been considered in court and there are on-going court proceedings. I invited Mrs X to comment on a draft of this decision.

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What I found

What happened

5. Mrs X applied to become a foster carer for her grandchild. The Council prepared a report for the court to consider. The Council included in the report information it had obtained from the police. This report was considered in court. The court refused Mrs X’s application to be a foster carer.
6. The police then provided further information which stated that the negative information it provided for the first report was wrong. The Council provided the court with an updated report which included the correct information from the police. The court did not change its decision about Mrs X’s application. The court dismissed Mrs X’s application for a new report to be completed.
7. Mrs X continues to blame the report, and the Council, for her unsuccessful application to be a foster carer. She wants the Council to move the child to a different foster carer, nearer to where she lives.

Assessment

8. I cannot start an investigation because the matters have been considered in court. The court has considered the report with the inaccurate police information and a report which included the corrections. I cannot investigate anything to do with the content of the report because it has been considered in court and forms part of legal proceedings. The law says the Ombudsman cannot investigate any matter that has formed part of legal proceedings.
9. Mrs X wants the child moved to a different foster carer. However, this is a decision for the court. I have no power to tell the Council to place the child with a different foster carer. Mrs X has a solicitor and has been involved with the decisions made by the court. She can continue to make her views known to the court.

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Final decision

10. I cannot start an investigation because the matters form part of legal proceedings.

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Investigator's decision on behalf of the Ombudsman