The Ombudsman's final decision
Summary: We cannot investigate Mrs X’s complaint about a social worker’s report because this has been decided in court. We have no remit to look at what happens in court.
The complaint
Mrs X complains about the content and accuracy of a report by a Council officer about her family member. She also complains about the Council’s failure to investigate her in line with the Council’s complaints procedure.
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 Ombudsman’s Assessment Code.
My assessment
We cannot investigate. This is because we have no remit to look at the content of reports used in court. Mrs X complains about a section 37 report, which the Court ordered the Council to prepare for it.
We also would not investigate the second part of the complaint about the Council’s complaints handling. This is because the Council’s complaints procedure will not deal with court matters as the courts have the highest authority.
Final decision
We cannot investigate Mrs X’s complaint because we cannot investigate matters decided in court.
Investigator's decision on behalf of the Ombudsman