Summary: We cannot investigate Mr X’s complaint about the Council’s Child and Family Assessment report because it lies outside our jurisdiction. The law prevents us from investigating complaints about matters that have been considered in court proceedings. We have no discretion to do so.

The complaint

1. The complainant, Mr X, complains about the contents of the Council’s Child and Family Assessment report. He says the report was inadequate; inaccurate and unfit for purpose and contained unjustified attacks on his character. Mr X says the report was used to impose supervised contact with his child and he had to take the matter to court in order for it to be overturned.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse effect on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We do not start an investigation if we decide the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)
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)

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How I considered this complaint

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

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My assessment

7. Mr X complains about the Council’s assessment report, as set out in paragraph one, above.
8. We cannot investigate Mr X’s complaint because it lies outside our jurisdiction. The law prevents us from investigating complaints about matters that have been considered in court proceedings. We have no discretion to do so. The contents of the report have been referred to and considered during the course of the family court proceedings. The judge has reached a view and decided the matter. The complaint about the report is not clearly separable from matters considered in the proceedings and so we cannot consider it.
9. Mr X says he will make a Right to Rectification request in relation to the information held in the report. If he is dissatisfied with the outcome he will be able to make a complaint to the Information Commissioner’s Office which is the body best placed to consider it.

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Final decision

10. We cannot investigate Mr X’s complaint because it lies outside our jurisdiction and the law says we have no discretion to consider it.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman