Dorset Council (25 026 478)
Category : Children's care services > Other
Decision : Closed after initial enquiries
Decision date : 30 Jun 2026
The Ombudsman's final decision:
Summary: We cannot investigate Mr X’s complaint about the content or preparation of a social work report. This is because the report is now being considered by a court, and the law says we cannot investigate.
The complaint
- Mr X complained about the accuracy of a social work report and the process by which it was made.
- Mr X said the matter caused him frustration and distress.
The Ombudsman’s role and powers
- The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
- 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)
- 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))
How I considered this complaint
- I considered information provided by the complainant.
- I considered the Ombudsman’s Assessment Code.
My assessment
- We cannot investigate this complaint. This is because the report Mr X complained about is now before a court. Because the court will now consider the content of the report as part of its process, the law says we cannot investigate either its preparation or its content.
- Even if we could separate some of Mr X’s complaint about the preparation of the report, we would not do so. This is because the injustice caused is that the report is wrong. Mr X can raise this as part of the ongoing court process, and it is reasonable for him to do so.
Final decision
- We cannot investigate Mr X’s complaint because a court is considering the issue, and the law says we cannot investigate.
Investigator's decision on behalf of the Ombudsman