The Ombudsman's final decision
Summary: We will not investigate this complaint about an assessment completed by Council. This is because we cannot consider complaints about matters that were or could reasonably have been raised in court.
The complaint
Miss B complained the Council conducted a biased assessment of her child, included factual inaccuracies, and failed to carry out relevant safety checks.
Miss B claims the assessment has significantly impacted the ongoing court proceedings and says the Council has let her down.
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 end an investigation into a complaint about actions the law allows us to investigate. We may decide not to start or continue with an investigation if we think the issues could reasonably be, or have been mentioned as part of the legal proceedings regarding a closely related matter. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended, section 34(B))
How I considered this complaint
I considered the information provided by the complainant.
I considered the Ombudsman’s Assessment Code.
My assessment
Miss B is complaining about an assessment completed by the Council about her child. The assessment has been used in private court proceedings.
The law prevents the Ombudsman from considering what happens in court.
Miss B could have challenged the content of the assessment during the court proceedings. Only the court can order the Council to re-assess its evidence.
Final decision
We will not investigate Miss B’s complaint because the matter is too closely related to court action.
Investigator's decision on behalf of the Ombudsman