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

  1. In summary, Mr X complains about the Council’s failure investigate his concerns about a slanderous report used in court proceedings.
  2. Mr X says this has caused him anxiety and depressive symptoms. He would like the Council to retract statements made about him.

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The Ombudsman’s role and powers

  1. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
  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)

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How I considered this complaint

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

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My assessment

  1. The Council’s response to Mr X says it will consider his complaints after the court proceedings finish.
  2. We cannot investigate any aspect of this. This is because we have no remit to look at any matters connected to legal proceedings.

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Final decision

  1. We cannot investigate Mr X’s complaint because we cannot investigate matters related to court action.

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Investigator's decision on behalf of the Ombudsman

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