Summary: We cannot investigate part of Mrs X’s complaint about the content of a social work report because the issue complained about was before a court and the law says we cannot investigate. We will not investigate part of the complaint about procedural matters because the matter either has been or could have been raised during court proceedings. We will not investigate Mrs X’s complaint about a referral to a domestic abuse service because there is insufficient evidence of fault.

The complaint

1. Mrs X complains the Council:
1. submitted an inaccurate report to court;
2. failed to provide her with a copy of the report before submitting it to court; and
3. did not refer her to a domestic abuse service.
2. Mrs X said the matter caused her frustration and 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)
5. We have the power to start or end an investigation into a complaint about actions the law allows us to investigate. We may decide not to start or continue with 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))
6. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact 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 or continue an investigation if we decide there is not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

7. I considered information provided by the complainant and the Council.
8. I considered the Ombudsman’s Assessment Code.

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My assessment

Matters before the courts

9. We cannot investigate Mrs X’s complaints about the content of social work reports submitted to court. This is because the report formed part of court proceedings, thus, we have no jurisdiction to investigate their preparation or content.
10. The procedural issues and other ancillary matters relating to this part of the complaint either have been or could have been raised during the court process for the court to consider. Consequently, we will not investigate this complaint.

Domestic abuse service

11. In its complaint response the Council explained the reason it did not refer Mrs X to a specific domestic abuse service was because she did not meet the service’s criteria. Instead, it signposted Mrs X to Women’s Aid for support.
12. There is insufficient evidence of fault in the Council’s actions to warrant an investigation by the Ombudsman.

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Final decision

13. We cannot investigate part of Mrs X’s complaint because the issue complained about was before a court. We will not investigate part because the matter either has been or could have been raised during court proceedings. We will not investigate the remainder because there is insufficient evidence of fault.

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Investigator's decision on behalf of the Ombudsman