The Ombudsman's final decision
Summary: We will not investigate this complaint about a report written for court proceedings. This is because the complaint relates to an ongoing court case. So, we have no remit to investigate.
The complaint
Mr X complains about a council officer writing an inaccurate and unfair report to be used for court proceedings about his children.
He says the report is biased against him and he would like the report rewritten.
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 have read Mr X’s complaint information.
What I found
Courts decide in cases of disputed living and contact arrangements for children. We are not a substitute for that. We have no powers to intervene in court proceedings or investigate reports prepared for the court.
The Ombudsman cannot separately investigate council officer actions without considering their consequences. In this case all the effect of the Council’s actions are in the court proceedings, reports, and evidence.
Final decision
I cannot investigate this complaint. This is because the issues raised are connected to an ongoing court case.
Investigator's decision on behalf of the Ombudsman