Summary: We cannot investigate Mr X’s complaint about a social worker’s report because it is related to during private law proceedings between Mr X and another party. We have no remit to look at what was decided in court.

The complaint

1. In summary, Mr X complains the Council has failed to complete a report according to instructions requested by a court. Mr X says the report is subjective and missing important information.

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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 once court action has started 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 and the Ombudsman’s Assessment Code.

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My assessment

5. We cannot investigate. This is because we have no remit to look at any matters connected to legal proceedings. Mr X’s remedy would lie via the court where he can raise his concerns.

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Final decision

6. 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