The Ombudsman's final decision
Summary: We cannot investigate Mr X’s complaint about the contents of the Council’s social work report about his family. This is because a court considered the content of the report, and the law says we cannot investigate.
The complaint
Mr X complained about the accuracy of the Council’s social work risk assessment completed in early 2025 about him and his family. Mr X said the report was biased and factually inaccurate.
Mr X said the matter caused him distress.
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)
How I considered this complaint
I considered information provided by the complainant.
I considered the Ombudsman’s Assessment Code.
My assessment
We cannot investigate Mr X’s complaint. The Council completed the risk assessment in early 2025. Later in 2025 Mr X started private court proceedings in relation to his children. The courts instructed the Council to complete a section 7 report.
In his complaint to the Ombudsman, Mr X explained the court “discredited” parts of the report he complained about.
Although the earlier report was completed before the court proceedings started, the court considered the information it contained.
The law says we cannot investigate the preparation, collation, and analysis of evidence, including reports written by social workers or other officers, for court proceedings. This includes the use of a report written previously, in subsequent court proceedings.
Because the court considered the information contained in the early 2025 report, the Ombudsman has no jurisdiction to investigate this complaint now.
Final decision
We cannot investigate Mr X’s complaint because the courts have already considered the contents of the report he complained about.
Investigator's decision on behalf of the Ombudsman