The Ombudsman's final decision
Summary: We will not investigate Ms X’s complaint about a report the Council prepared for the court because we cannot investigate complaints about court proceedings.
The complaint
Ms X complained about a section 7 report the Council prepared for the court.
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 Ms X.
I considered the Ombudsman’s Assessment Code.
My assessment
Ms X complained about a report the Council wrote for court proceedings. She set out various ways she though the report was incorrect and said it should be revised. In its complaint response, the Council explained it could not consider her complaint using its corporate complaints process because it related to court action. It said Ms X could present her views at the court hearing and the judge could consider any request for an addendum or revised report.
The law says we cannot investigate complaints about what happens in court, which includes complaints about reports a council prepares as part of court proceedings. Therefore, we will not consider this complaint further.
Final decision
We will not investigate Ms X’s complaint because we cannot consider complaints about court action.
Investigator's decision on behalf of the Ombudsman