Summary: We cannot investigate Mr X’s complaint about a court report written by Council staff. This is because the issues Mr X raises cannot be separated from matters decided in court, so we have no remit to investigate.

The complaint

1. Mr X complains about a report prepared by Council staff for court proceedings concerning a child. Mr X says the report is unfair and biased against him.

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

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My assessment

6. We have no powers over matters decided in court because the courts are a higher authority than the Ombudsman.
7. Further, we 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 report to be used in court proceedings and as evidence. So, we cannot investigate.

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Final decision

8. I cannot investigate. This is because the report complained about features in ongoing legal proceedings.

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Investigator's decision on behalf of the Ombudsman