Summary: We cannot investigate Miss X’s complaint about a social worker’s report because it was used in court. We have no powers to look at evidence used in court.

The complaint

1. In short, Miss X complains about the Council failure to remove information relating to her from a report considered in court. Miss X says the report was not factual and contained biased opinions.

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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)
4. We may decide not to start an investigation if we think the issues could reasonably be, or have been mentioned as part of the legal proceedings regarding a closely related matter. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended, section 34(B))

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How I considered this complaint

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

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My assessment

6. We cannot investigate. This is because we have no remit to look at a report used in court. Miss X’s remedy would lie via the court proceedings.

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Final decision

7. We cannot investigate Miss X’s complaint because we cannot investigate matters related to court action.

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Investigator's decision on behalf of the Ombudsman