Summary: We cannot investigate this complaint about Council’s actions during court proceedings. This is because the law does not allow us to investigate matters that were subject to court proceedings. Nor will we investigate the delays in the Council’s handling of the complaint. This is because the Council has apologised and further investigation by us would not lead to a different outcome.

The complaint

1. Mrs X complained the Council made unfair and inaccurate statements about her role as a foster carer during legal proceedings. She also complained about delays in the Council’s complaint handling. Mrs X said these issues caused her distress. She wants the Council to amend its records.

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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)
4. 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 further investigation would not lead to a different outcome. (Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

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

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My assessment

7. Mrs X complained about inaccurate statements a Council worker included in a report prepared for legal proceedings.
8. We cannot investigate this part of the complaint because we cannot consider matters that happened in, or were directly connected to, court proceedings.
9. Mrs X made the complaint under the statutory children’s complaints procedure in August 2025. The Council issued its Stage One response in February 2026. It apologised for the delay and explained this was due to staff sickness and ongoing legal proceedings involving Mrs X, which meant it could not address the complaint until those proceedings had concluded.
10. Although the Council did not initially inform Mrs X that the complaint could not be progressed during ongoing proceedings, the Council has since acknowledged this, apologised and provided a clear explanation. That remedies any injustice caused. The Council is currently considering Mrs X’s complaint at stage two of the statutory children’s complaints procedure. Further investigation by us would not lead to a different outcome.

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Final decision

11. We cannot investigate Mr X’s complaint because the law prevents us from investigating complaints about matters that had been subjected to legal proceedings. Nor will we investigate the delay in complaints handling because further investigation by us would not lead to a different outcome.

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Investigator's decision on behalf of the Ombudsman