Summary: We cannot investigate Miss X’s complaint about a report used in court. This is because the issues Miss X raises cannot be separated from the matters already decided in court.

The complaint

1. Miss X says Council staff provided incorrect information in a court report about her health.
2. She would like this corrected and an apology plus compensation.

The Ombudsman’s role and powers

3. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
4. 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

5. I have read all the complaint information sent in by Miss X and considered the Ombudsman’s Assessment Code.

My assessment

6. We cannot intervene in court proceedings or investigate reports prepared for the court.
7. We cannot separately investigate council officer actions without considering their consequences. In this case, all the effect of the Council’s actions are in the court proceedings, reports and evidence. So, Miss X’s potential remedy lies via her own action in the courts, and we cannot investigate.

Final decision

8. I cannot investigate this complaint. This is because the complaint issues are not separable from what happened in court.

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Investigator's decision on behalf of the Ombudsman