The Ombudsman's final decision
Summary: We will not investigate this complaint about a Section 7 report and the conduct of a council social worker. We cannot consider complaints about matters that were or could have been discussed in court.
The complaint
The complainant, whom I shall refer to as Mr X, complained about the content of a Section 7 report and the general conduct of the social worker responsible for the report. Mr X says the report was inaccurate and the social worker provided the Court with misleading information. Mr X says this led to the Court limiting Mr X’s contact with his children.
The Ombudsman’s role and powers
The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
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 discontinue an investigation into a complaint within our jurisdiction. We may decide not to start or continue with an investigation if we think the issues could reasonably be, or have been, raised within a court of law. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended)
How I considered this complaint
I considered information provided by the complainant and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Under Section 7 of the Children Act 1989, a court may ask a council to provide a report about the welfare of any child who is the subject of court proceedings.
The law prevents the Ombudsman from considering what happens in court. A Section 7 report is produced at the request of a court and for use in court. We cannot 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.
The Section 7 report Mr X is unhappy with has been discussed in court. Mr X had the opportunity to challenge the content of the report during the hearing. It is not something we can consider. We cannot say the report should be changed or consider the contact arrangements between Mr X and his children. Mr X’s complaint is not one we can investigate.
It is open to Mr X to contact Social Work England as the relevant regulatory body if he wants to pursue a complaint about the social worker’s professional conduct.
Final decision
We will not investigate Mr X’s complaint because we cannot consider complaints about matters that were decided in court, or which could be raised in court.
Investigator's decision on behalf of the Ombudsman