The Ombudsman's final decision
Summary: We cannot investigate Miss X’s complaint that the Council recorded inaccurate information in reports, which has affected the care arrangements of her children. This is because the reports have formed part of court proceedings.
The complaint
Miss X complains that the Council’s children’s services has recorded inaccurate information in reports, which has affected the care arrangements of her children.
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
The law prevents us from becoming involved in matters that have been the subject of court proceedings. This includes any information or reports the Council has prepared for the court. Consequently, we cannot investigate Miss X’s complaint.
Final decision
We cannot investigate Miss X’s complaint because the issues raised have been considered in court.
Investigator's decision on behalf of the Ombudsman