Summary: We cannot investigate Ms X’s complaint about a report written by the Council for court proceedings. This is because the issues Ms X raises are not separable from the matters before the family court.

The complaint

1. Ms X says the Council’s report ordered by the family court is inaccurate.
2. Ms X says the Council should make corrections to the report as she is at risk of losing custody of her child.

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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)

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How I considered this complaint

5. I have read Ms X’s complaint information.
6. I also considered the Ombudsman’s Assessment Code.

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What I found

7. The Ombudsman 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.

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Final decision

8. I cannot investigate this complaint. This is because the issues raised are not separable from the family court proceedings.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman