The Ombudsman's final decision
Summary: We cannot investigate this complaint about the Council’s Section 7 court report. The law prevents us from investigating what happens as part of court proceedings.
The complaint
Mrs X complained the Council’s Section 7 report was biased and not completed correctly. She said this caused her distress. She wanted the Council to properly consider her concerns about her children’s welfare, hold the social worker accountable and assign a new social worker.
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 the complainant.
I considered the Ombudsman’s Assessment Code.
My assessment
Mrs X complained to us about the Council’s Section 7 report. Such reports are ordered by the court, to provide evidence towards child arrangement proceedings.
The law says we cannot investigate what happens in court. This includes the content of reports produced for court. We have no power to investigate this complaint or to interfere with matters before the courts. The appropriate route for Mrs X to challenge the content of the report is by raising these concerns as part of the proceedings.
Final decision
We cannot investigate Mrs X’s complaint because the law says we cannot investigate complaints about what happens as part of court proceedings.
Investigator's decision on behalf of the Ombudsman