Summary: We cannot investigate Mr X’s complaint about the contents of a report written by the Council. The matter has been considered in court and so we have no power to investigate it.

The complaint

1. Mr X complains about a report that the Council provided to the Children and Family Court Advisory and Support Service (CAFCASS). Mr X says the report contained historic information about him, that the report was not balanced and that the report did not properly reflect his ex-partner’s history.

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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 and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Mr X complained about a report provided to CAFCASS by the Council. Mr X said that his safeguarding concerns about his child had not been properly considered, that the Council included historic information about him, that the report was one-sided and that the Council had failed to include information about his ex-partners background.
7. I cannot investigate Mr X’s complaint because the report has been considered during court proceedings to determine the care and contact arrangements of Mr X's child. Where a matter has formed part of court proceedings, we cannot consider it.

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Final decision

8. We cannot investigate Mr X’s complaint because it concerns matters that have been considered in court.

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Investigator's decision on behalf of the Ombudsman