Summary: We will not investigate this complaint about the content of a court report. This is not separable from matters where Mr X had or has a right to go to court it would be reasonable to use.

The complaint

1. Mr X said a s.7 report was incorrect, biased, not factual and incomplete.

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The Ombudsman’s role and powers

2. We cannot investigate a complaint if someone has started court action about the matter. (Local Government Act 1974, section 26(6)(c), as amended)
3. The law says we cannot normally investigate a complaint when someone could take the matter to court. However, we may decide to investigate if we consider it would be unreasonable to expect the person to go to court. (Local Government Act 1974, section 26(6)(c), as amended)

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How I considered this complaint

4. I considered information provided by the complainant.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. S.7 reports are written for courts in cases where the residence and contact of children is in dispute.

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Final decision

7. We will not investigate Mr X’s complaint because the content of a s.7 report is not separable from matters about which it would be reasonable for Mr X to approach a court. If the report has been submitted to a court, we cannot investigate.

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Investigator's decision on behalf of the Ombudsman