Summary: We cannot investigate Ms X’s complaint about the Council providing an inaccurate report to another body. It was then used in Court proceedings and forms part of legal proceedings which we cannot investigate.

The complaint

1. The complainant, whom I shall call Ms X, says the Council gave an inaccurate assessment to a CAFCASS officer who then used it in Court proceedings.

Back to top

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)

Back to top

How I considered this complaint

3. I considered information provided by Ms X and the Council.
4. I considered the Ombudsman’s Assessment Code.
5. I considered Ms X’s comments on a draft version of this decision.

Back to top

My assessment

6. Ms X says she is involved in court proceedings to decide her children’s care arrangements. As part of those proceedings, the Court ordered CAFCASS to provide a report on the children’s circumstances. She says the Council gave CAFCASS an inaccurate assessment of her family.
7. Ms X says the Council did not properly consider the family history in compiling its report and she says it did not properly consult with her.
8. We cannot investigate the preparation, collation, and analysis of evidence, included in, or forms part of, reports written by social workers, or other officers, when that report becomes part of court proceedings.

Back to top

Final decision

9. We cannot investigate Ms X’s complaint. This is because we cannot investigate a report’s preparation which is later used in court proceedings.

Back to top

Investigator's decision on behalf of the Ombudsman