The Ombudsman's final decision
Summary: We cannot investigate Mr X’s complaint about a report. This is because it was used in the family court during private law proceedings between Mr X and another party. We have no remit to look at reports used in court.
The complaint
Mr X complains about the Council’s failure investigate his concerns about a poor report.
Mr X says this has caused upset. He also says it has the potential to mislead courts and harm a child. He would like the Council to investigate and offer him a remedy.
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
The Council’s response to Mr X says he can raise his concerns about the report in court. We cannot investigate. This is because we have no remit to look at any matters connected to court decisions.
Final decision
We cannot investigate Mr X’s complaint because we cannot investigate matters related to court action.
Investigator's decision on behalf of the Ombudsman