The Ombudsman's final decision
Summary: We cannot investigate Mr X’s complaint about a report that has been considered in court proceedings because it lies outside our jurisdiction. The law prevents us from investigating complaints about matters that have been considered in court. We cannot do so.
The complaint
The complainant, whom I shall call Mr X, complains about the contents of a court report that was considered in court proceedings relating to a child’s adoption. Mr X says the report makes false allegations about him and he is worried it could be used against him.
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.
I considered the Ombudsman’s Assessment Code.
My assessment
Mr X complains about a court report that has been considered in court proceedings.
We cannot investigate Mr X’s complaint because it lies outside our jurisdiction. The law says we cannot investigate complaints about matters that have been considered in court. This restriction includes reports which have been considered in court. We have no discretion to do so
Final decision
We cannot investigate Mr X’s complaint because it lies outside our jurisdiction and the law says we cannot consider it.
Investigator's decision on behalf of the Ombudsman