Kent County Council (24 004 144)
Category : Children's care services > Other
Decision : Closed after initial enquiries
Decision date : 20 Jun 2024
The Ombudsman's final decision:
Summary: We cannot investigate Mr X’s complaint about a report. This is because it is being used in ongoing matters with the family court. We have no remit to look at reports used in court.
The complaint
- In summary, Mr X complains about the Council’s failure investigate his concerns about a slanderous report used in court proceedings.
- Mr X says this has caused him anxiety and depressive symptoms. He would like the Council to retract statements made about him.
The Ombudsman’s role and powers
- The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
- 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)
How I considered this complaint
- I considered information provided by the complainant and the Ombudsman’s Assessment Code.
My assessment
- The Council’s response to Mr X says it will consider his complaints after the court proceedings finish.
- We cannot investigate any aspect of this. This is because we have no remit to look at any matters connected to legal proceedings.
Final decision
- We cannot investigate Mr X’s complaint because we cannot investigate matters related to court action.
Investigator's decision on behalf of the Ombudsman