The Ombudsman's final decision
Summary: We cannot investigate this complaint about a court report. The law prevents us from investigating what happens in court.
The complaint
Mr X complains about a Section 37 report which he says was flawed and has caused distress to him and 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) The law says we cannot normally investigate a complaint unless we are satisfied the organisation knows about the complaint and has had an opportunity to investigate and reply. However, we may decide to investigate if we consider it would be unreasonable to notify the organisation of the complaint and give it an opportunity to investigate and reply. (Local Government Act 1974, section 26(5), section 34(B)6)
How I considered this complaint
I considered information provided by the complainant and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
The law prevents us from becoming involved in matters that are or have been the subject of court proceedings. Section 37 reports, such as that Mr X has complained about, are presented as part of court proceedings under the Children Act 1989. The reports therefore form part of the court’s consideration of the case.
Since raising his complaint to the Ombudsman, Mr X has raised new concerns about the actions of the Council in relation to its involvement with contact between him and his children. I will not investigate these matters because he will first need to address them through the Council’s complaints procedure.
Final decision
We cannot investigate Mr X’s complaint because it concerns what happened in court.
Investigator's decision on behalf of the Ombudsman