Summary: We will not investigate this complaint about the Council’s report produced as part of family court proceedings. The law prevents us doing so.

The complaint

1. Miss X complained about the Council’s report submitted to court as part of private proceedings. Her concerns included bias and an unjustified recommendation for shared care. Miss X said the matter caused her distress and she wanted the social worker to amend the report.

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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)

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How I considered this complaint

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

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My assessment

5. We issued a decision in late 2024 for a complaint Miss X brought to us about related matters. We explained in that decision statement we would not be able to consider the content of any representations the Council made to court.
6. Miss X has since brought this current complaint to us, which is about the content of the Council’s report produced as part of the private proceedings between
   Miss X and her ex-partner. We have no power in law to investigate what happens in court, so we cannot investigate this complaint. It is open to Miss X to raise her concerns as part of the ongoing proceedings.

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Final decision

7. We will not investigate Miss X’s complaint because the law prevents us considering what happens in court.

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Investigator's decision on behalf of the Ombudsman