The Ombudsman's final decision
Summary: We cannot investigate Mr X’s complaint about a report the Council provided to a Court as it forms part of legal proceedings.
The complaint
The complainant, whom I shall call Mr X, says a report the Council provided to a Court was inaccurate and unfair. He says the officer should not have been allowed to provide it.
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)
How I considered this complaint
I considered information provided by Mr X which included the Council’s reply to him.
I considered the Ombudsman’s Assessment Code.
My assessment
Mr X says he was involved in Court proceedings to decide his children’s care arrangements. As part of those proceedings, the Court ordered the Council to provide a report on the children’s welfare and circumstances. This is a section seven report.
Mr X says the Council used an officer who was off on sick/bereavement leave. Mr X says this officer should not have been appointed. He says their report was unfair and inaccurate. He says his barrister could not cross examine the officer as they could not attend court.
The Council confirmed the officer was unable to attend court.
We cannot investigate the: preparation; collation; and analysis of evidence given to a Court, reports written by social workers or other officers for court proceedings, and the evidence given by council officers in any proceedings
Final decision
We will not investigate Mr X’s complaint because we cannot investigate the preparation or content of reports used in Court proceedings.
Investigator's decision on behalf of the Ombudsman