Summary: Miss X complains the Council have her employer false information which it is using in an employment tribunal and court case. The Ombudsman cannot investigate this complaint as it is outside his jurisdiction.

The complaint

1. Miss X complains the Council gave her employer false information about her. She says her employer is using this information in her employment tribunal. And she will have to appear in court.

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The Ombudsman’s role and powers

2. 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)
3. We cannot investigate a complaint if it is about a personnel issue. (Local Government Act 1974, Schedule 5/5a, paragraph 4, as amended)

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How I considered this complaint

4. I considered the information provided by Miss X.

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What I found

5. Miss X’s employer provides support services to the Council.
6. The Council wrote to her employer advising that while on placement, Miss X has told a new member of staff to contact a solicitor and other agencies to support an age disputed person. The Council says it is involved in legal proceedings with the age disputed person.
7. The Council also says Miss X contacted a member of staff and asked them to dismiss the outcome of an age assessment on another individual who she believed to be a minor.
8. Miss X says this is a false accusation. She wants the Council to attend court to prove they have made a mistake.
9. The law forbids the Ombudsman from investigating complaints involving legal action.

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Final decision

10. The Ombudsman cannot investigate Miss X’s complaint as she is involved in legal proceedings relating to the matter she complains about.

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Investigator's decision on behalf of the Ombudsman