Summary: We cannot investigate Mr X’s complaint about the Council’s conduct during court proceedings including the content of social work reports or legal documents. The law says we cannot investigate matters which formed part of court proceedings.

The complaint

1. Mr X complained about the content of the Council’s legal documents and social services reports for court.
2. Mr X said the matter caused him distress.

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The Ombudsman’s role and powers

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.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. We cannot investigate Mr X’s complaint. This is because the complaint is about the Council’s conduct during court proceedings including the content and preparation of legal documents and social work reports made for court.
8. The law says the Ombudsman cannot investigate the preparation or content of legal documents or social work reports made for court. Therefore, we cannot investigate this complaint.

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Final decision

9. We cannot investigate Mr X’s complaint because the matter complained about formed part of the legal proceedings before a court.

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Investigator's decision on behalf of the Ombudsman