Summary: We cannot investigate this complaint about what the Council wrote about Mr X in an assessment. This matter is not separable from the court action that decided who was best placed to care for his grandchild.

The complaint

1. Mr X said the Council wrote things that were untrue and left out positive references in an assessment before a court hearing.

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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 if someone has started court action about the matter. (Local Government Act 1974, section 26(6)(c), as amended)
4. 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))

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How I considered this complaint

5. I considered information provided by the complainant.
6. I considered the Ombudsman’s Assessment Code.

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Final decision

7. We cannot investigate Mr X’s complaint because the assessment about which he complains was written for a court. The matters in his complaint are not separable from matters that formed part of a court process.

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Investigator's decision on behalf of the Ombudsman