The Ombudsman's final decision
Summary: We cannot investigate this complaint about what the Council wrote in an assessment. This is because the complaint does not meet the tests in our Assessment Code on how we decide which complaints to investigate. The content of the assessment is not separable from matters that formed part of court proceedings.
The complaint
Miss X said the Council wrote false allegations about her in an assessment.
The Ombudsman’s role and powers
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) We have the power to start or discontinue an investigation into a complaint within our jurisdiction. We may decide not to start or continue with an investigation if we think the issues could reasonably be, or have been, raised within a court of law. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended)
How I considered this complaint
I considered information provided by the complainant.
I considered the Ombudsman’s Assessment Code.
Final decision
We cannot investigate Miss X’s complaint because the assessment about which she complained formed part of court proceedings. It is not separable from those proceedings.
Investigator's decision on behalf of the Ombudsman