Summary: The Ombudsman will not investigate Miss B’s complaint that the Council produced an inaccurate assessment report. This is because the complaint concerns matters which may be decided in court.

The complaint

1. The complainant, who I will refer to as Miss B, complains that the Council has produced an inaccurate assessment report which could have had a negative impact on the outcome of private legal proceedings. She further complains that the Council has declined to consider her complaint about the assessment.

Back to top

The Ombudsman’s role and powers

2. We have the power to start or discontinue an investigation into a complaint within our jurisdiction. We may decide not to start or continue with an investigation if we think the issues could reasonably be, or have been, raised within a court of law. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended)
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)

Back to top

How I considered this complaint

4. I have spoken with Miss B and considered what she has said in support of her complaint.

Back to top

What I found

5. Miss B’s complaint relates to two assessment reports completed by Children’s Services. She says her former partner complained about the content of the first and, as a result, the Council completed an updated report. She says that, when she complained about the content and accuracy of the second report, the Council declined to take action because of ongoing private legal proceedings. It also declined to consider a formal complaint from her about its actions.
6. Miss B believes the Council it at fault. She believes the content of the second report, which was provided to Cafcass, could have had a negative impact on the outcome of the court case. If it had done so, she says it may have prevented her from taking her daughter to her home country.
7. The Ombudsman will not investigate Miss B’s complaint. This is because it concerns matters which may be decided in court. It was for the court to take a view on the evidence before it, including the report provided by Cafcass, and Miss B’s representatives could have challenged it in court. The law prevents the Ombudsman from considering what happens in court. We will not therefore intervene.

Back to top

Final decision

8. The Ombudsman will not investigate this complaint. This is because it concerns matters which may be decided in court.

Back to top

Investigator's decision on behalf of the Ombudsman