Summary: We cannot investigate Mr X’s complaint about a report the Council has submitted to the court in ongoing proceedings because it lies outside our jurisdiction. The law prevents us from investigating complaints about matters that are being, or have been, considered in court. We have no discretion to do so.

The complaint

1. The complainant, Mr X, complains about a social worker’s report submitted to the court in ongoing proceedings relating to his children. Mr X says the report puts his children at risk of harm.

Back to top

The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse effect on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We do not start an investigation if we decide the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)
3. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
4. 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)

Back to top

How I considered this complaint

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

Back to top

My assessment

7. Mr X complained to the Council about a report it submitted to the court in ongoing proceedings for his children.
8. The Council told Mr X it was unable to consider his complaint because it is about a report prepared for and submitted to the court. It advised Mr X to raise his concerns to the court so that they can be considered during the proceedings.
9. We cannot investigate Mr X’s complaint. It lies outside our jurisdiction because it is about a matter that is being considered in court proceedings. The law prevents us from investigating complaints about such matters and this restriction means we cannot consider complaints about evidence and reports submitted to the court.

Back to top

Final decision

10. We cannot investigate Mr X’s complaint because it lies outside our jurisdiction and the law says we have no discretion to consider it.

Back to top

Investigator's decision on behalf of the Ombudsman