Summary: We cannot investigate Mr X’s complaint about the content of a Council report used for court. This is because the law says we cannot investigate issues considered by a court.

The complaint

1. Mr X complained the Council submitted a factually inaccurate report to a court. He said this caused him distress and uncertainty about whether the report could affect court decisions. Mr X wanted the Council to amend the inaccuracies in the report and take appropriate disciplinary action to address his concerns.

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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)

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How I considered this complaint

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

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My assessment

6. The Ombudsman cannot investigate Mr X’s complaint. As part of proceedings involving children a court may ask the Council to produce a report. The Court will then consider the report as part of its decision making.
7. Mr X will have the opportunity to challenge any inaccuracies in the report in court.
8. Because the matter is before a court, the law says we have no jurisdiction to investigate the report’s content or how it was produced.

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Final decision

9. We cannot investigate Mr X’s complaint because the law prevents us from investigating matters before a court

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Investigator's decision on behalf of the Ombudsman