Summary: We cannot investigate this complaint about a report and assessment the Council provided to the Family Court. This is because the law prevents us from investigating matters that have been before the courts.

The complaint

1. The complainant, who I will call Miss X, complains about the contents of reports that the Council prepared for court proceedings between Miss X and her child’s father. Miss X complains that the reports contained inaccurate information which impacted the outcome of the proceedings which now mean her child is at risk.

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The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
3. 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)

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How I considered this complaint

4. I considered information provided by the complainant and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. The courts asked the Council to produce a report about the welfare of Miss X’s child who was subject to court proceedings. The Council subsequently submitted an addendum to the report and an assessment of risk about her child’s paternal grandfather. Miss X complains about the contents of the information that the Council provided to the courts.
7. I cannot investigate Miss X’s complaint. This is because the law does not allow us to consider complaints about the preparation, collation, and analysis of evidence for court proceedings. This includes reports written by social workers or the evidence given in court.

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Final decision

8. We will not investigate Miss X’s complaint because it is about matters that were raised in court.

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Investigator's decision on behalf of the Ombudsman