Summary: We will not investigate this complaint about a report written for court proceedings. This is because the complaint relates to an ongoing court case. So, we have no remit to investigate.

The complaint

1. Mr X complains about a council officer writing an inaccurate and unfair report to be used for court proceedings about his children.
2. He says the report is biased against him and he would like the report rewritten.

Back to top

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)

Back to top

How I considered this complaint

5. I have read Mr X’s complaint information.

Back to top

What I found

6. Courts decide in cases of disputed living and contact arrangements for children. We are not a substitute for that. We have no powers to intervene in court proceedings or investigate reports prepared for the court.
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.

Back to top

Final decision

8. I cannot investigate this complaint. This is because the issues raised are connected to an ongoing court case.

Back to top

Investigator's decision on behalf of the Ombudsman