Summary: We cannot investigate this complaint about the Council’s reporting on Mr X’s family. This is because the matter is already being considered as part of family court proceedings and the law does not allow us to investigate. Additionally, Mr X could also challenge the accuracy of the report in court.

The complaint

1. Mr X said the Council has produced a child and family assessment report, which he believes to be one side and heavily biased against him. He said the report uses language that establishes matters as being factual and he disputes them. Mr X is concerned the report may affect the outcome of ongoing family court proceedings.

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The Ombudsman’s role and powers

2. 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)
3. 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))

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How I considered this complaint

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

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Final decision

5. We cannot investigate Mr X’s complaint because the related matter is already part of court proceedings and the law does not allow us to investigate such complaints.

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Investigator's decision on behalf of the Ombudsman