Summary: We cannot investigate Mr X’s complaint about how the Council prepared a Section 7 report. This is because the matter has either been considered in court of could reasonably be raised in court.

The complaint

1. Mr X complained a social worker did not accurately represent his views in a court report. He said this may have negatively impacted his case and court proceedings. He said he feels let down and worried about the outcome of his case.

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The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
3. 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)

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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. Mr X complained a social worker did not meet with him to gather his views for a Section 7 report. He also complained his views were not represented in the report, which the courts considered.
7. We cannot investigate Mr X’s complaint. A Section 7 report is produced at the request of a court and for use in court. The law prevents the Ombudsman from considering complaints about matters already discussed in court or which could reasonably be raised in court during the proceedings. We cannot consider complaints about the preparation, collation, and analysis of evidence for court proceedings. This includes reports written by social workers or the evidence given in court.

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Final decision

8. We cannot investigate Mr X’s complaint because we cannot consider complaint about matters that were discussed our could be discussed in court.

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Investigator's decision on behalf of the Ombudsman