Summary: We cannot investigate Mr X’s complaint about the content of the Council’s court report. We cannot lawfully investigate because it is part of court proceedings.

The complaint

1. Mr X complains the Council’s social worker has written a court report based on an old and flawed court report. He says the recent report contains inaccuracies and ignores relevant information. Mr X says the court is considering the position of his child. He says if the Council fails to assess the situation properly his child could be put at risk.

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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 have considered Mr X’s information and comments. The information includes the Council complaint reply dated August 2019.

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My assessment

5. I cannot investigate this complaint which is outside the Ombudsman’s jurisdiction because it is about a court case (see paragraph 2 and 3 above). The Ombudsman cannot investigate the content of the court report including the social worker’s assessment and opinions provided to court.

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Final decision

6. The Ombudsman cannot investigate Mr X’s complaint about the content of the Council’s court report. We cannot lawfully investigate because it is part of court proceedings.

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Investigator's decision on behalf of the Ombudsman