The Ombudsman's final decision
Summary: We cannot investigate Mr X’s complaint about a report. This is because it is being used in ongoing matters with the family court. We have no remit to look at reports used in court.
The complaint
In summary, Mr X complains about the Council’s failure investigate his concerns about a slanderous report used in court proceedings.
Mr X says this has caused him anxiety and depressive symptoms. He would like the Council to retract statements made about 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 and the Ombudsman’s Assessment Code.
My assessment
The Council’s response to Mr X says it will consider his complaints after the court proceedings finish.
We cannot investigate any aspect of this. This is because we have no remit to look at any matters connected to legal proceedings.
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