Summary: We will not investigate this complaint about what a social worker wrote in a report for a court. This is because the complaint does not meet the tests in our Assessment Code on how we decide which complaints to investigate. We cannot investigate matters that have been or could have been before a court. Mr X has a right to challenge the report in court it would be reasonable to use.

The complaint

1. Mr X said what a social worker wrote in a report for a court was inaccurate. He wanted the Council to alter the report. He said his daughter had been defamed in court.

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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)
3. The courts have said that where someone has used their right of appeal, reference or review or remedy by way of proceedings in any court of law, the Ombudsman has no jurisdiction to investigate. This is the case even if the appeal did not or could not provide a complete remedy for all the injustice claimed. (R v The Commissioner for Local Administration ex parte PH (1999) EHCA Civ 916)
4. The law says we cannot normally investigate a complaint when someone could take the matter to court. However, we may decide to investigate if we consider it would be unreasonable to expect the person to go to court. (Local Government Act 1974, section 26(6)(c), as amended)

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How I considered this complaint

5. I considered information provided by the complainant.
6. I considered the Ombudsman’s Assessment Code.

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Final decision

7. We will not investigate Mr X’s complaint because:

• we cannot investigate matters that were or could have been before the court; and
• he has a right to challenge the report in court it would be reasonable to use.

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Investigator's decision on behalf of the Ombudsman