The Ombudsman's final decision
Summary: We will not investigate this complaint about a report written by a council officer. This is because the complaint raises issues connected to a court order. So, we have no remit to investigate.
The complaint
Mrs X complains about the Council’s failure to correct a report that was used in court and influenced the final court order.
She says this has left her feeling hopeless and depressed. She says the Council should inform the court, apologise, compensate her and train staff.
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 Mrs 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. Mrs X could have raised her concerns about the Council’s errors in 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 matters considered in court.
Investigator's decision on behalf of the Ombudsman