Summary: The Ombudsman cannot investigate Mr X’s complaint about a report the Court ordered the Council provide. This forms part of legal proceedings and the Ombudsman cannot investigate legal proceedings.

The complaint

1. The complainant, whom I shall call Mr X, complains about a report the Council gave a Court.

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The Ombudsman’s role and powers

2. 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)
3. 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)
4. The Courts have said that we cannot investigate a complaint about any action by a council, concerning a matter which is itself out of our jurisdiction. (R (on the application of M) v Commissioner for Local Administration [2006] EHWCC 2847 (Admin))

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How I considered this complaint

5. I considered the information Mr X provided with his complaint. Mr X had the opportunity to comment on a draft version of this decision.

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What I found

6. Mr X says that in March 2019 his child began living with him. He started Court proceedings to get a Court order so this could be a permanent arrangement. As part of those proceedings, the Court ordered the Council provide it with a report on the child’s circumstances and welfare. This is a section seven report.
7. Mr X says the section seven report is unfair and inaccurate. He disagrees with the Council officer’s view expressed in the report about what the child’s care arrangements should be.
8. Mr X complained to the Council. He disagrees with the way the Council replied to his complaint, including the officer choice to reply to him.
9. We cannot investigate the content or preparation of a section seven report.
10. As we cannot investigate the complaint Mr X made to the Council, we also cannot investigate how the Council replied to it.

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Final decision

11. The Ombudsman cannot investigate this complaint. This is because it is about legal proceedings.

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Investigator's decision on behalf of the Ombudsman