Summary: We cannot investigate this complaint about inaccurate information recorded by the Authority. This is because the information has been considered in court.

The complaint

1. Ms X says that the Authority incorrectly recorded that she had bipolar disorder. Ms X says that this inaccurate information was shared with other bodies and impacted decisions concerning the care arrangements of her children. Ms X also complains that the Authority allowed her ex-partner to be released from prison on licence who then committed further crimes.

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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)

We cannot investigate a complaint where the body complained about is not responsible for the issue being raised. (Local Government Act 1974, section 24A(1), 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. I cannot investigate Ms X’s complaint that the Authority incorrectly recorded that she had bipolar disorder which affected decisions made about the care of her child. This is because this information has been considered in court as part of care proceedings. This places the matter outside of our jurisdiction.
7. I cannot investigate Ms X’s complaint that the Authority allowed her ex-partner to be released on licence. Decisions about licence conditions are made either by the courts when sentencing or by the Parole Board. Therefore, this is not an administrative function of the Authority.

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Final decision

8. We cannot investigate Ms X’s complaint because the matter has been considered in court.

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Investigator's decision on behalf of the Ombudsman