The Ombudsman's final decision
Summary: We cannot investigate Mr X’s complaint about a Council officer’s report which was submitted to the court in family court proceedings because it lies outside our jurisdiction. The law prevents us from considering matters that have been considered in court. We have no discretion to do so.
The complaint
The complainant, whom I shall call Mr X, complains about a Council officer’s report which was submitted to the court in family court proceedings in 2021. Mr X says the report contains untruths, inaccuracies and unsubstantiated claims which he denies. Mr X would like there to be an independent review of the report and an opportunity for him to provide his input.
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)
How I considered this complaint
I considered information provided by the complainant and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Mr X complained to the Council about a report it provided to the court in family court proceedings.
The law prevents us from considering complaints about matters that have been considered in court. This restriction also applies to court reports. Any dissatisfaction with the contents of such reports should be raised with the court during proceedings or returned to the court if Mr X is dissatisfied with the court’s decision. We cannot consider them.
Final decision
We cannot investigate this complaint. It lies outside our jurisdiction because it is made about a report that has been considered in family court proceedings. The law prevents us from considering such matters. We have no discretion to do so.
Investigator's decision on behalf of the Ombudsman