Durham County Council (19 017 234)
Category : Children's care services > Other
Decision : Closed after initial enquiries
Decision date : 11 Feb 2020
The Ombudsman's final decision:
Summary: Mr X complained about information the Council recorded about him in an assessment it wrote as part of care proceedings. We cannot investigate this complaint because we cannot consider what happened in court, which includes documents written for court.
The complaint
- Mr X complained about inaccuracies he says the Council included in an assessment it wrote for court. The report is a viability assessment which considered whether he would be a suitable person to look after his sibling’s children, who would otherwise be taken into care.
The Ombudsman’s role and powers
- 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)
How I considered this complaint
- I considered the information Mr X provided when he complained.
- I considered complaints correspondence the Council provided.
- I considered Mr X’s comments on a draft version of my decision.
What I found
- Mr X has a sibling whose children have been subject to care proceedings. The Council carried out viability assessments to see if any family members could care for the children. Mr X says it recorded incorrect information about him.
- We cannot investigate what happened in court, which includes the content of court reports. We have no discretion to investigate Mr X’s complaint.
Final decision
- The Ombudsman cannot investigate this complaint. This is because it relates to the content of reports written for court.
Investigator's decision on behalf of the Ombudsman