Rochdale Metropolitan Borough Council (24 023 040)
Category : Children's care services > Child protection
Decision : Closed after initial enquiries
Decision date : 01 Jun 2026
The Ombudsman's final decision:
Summary: We cannot investigate Mr X’s complaint about the Council’s involvement with his child. The law prevents us from investigating anything that is or has been the subject of court proceedings.
The complaint
- Mr X complained his child was removed from his care after the Council did not replace a social worker. He said this has caused him significant health problems and financial difficulties. He would like the Council to release requested information, inform family court that information was withheld and award him compensation.
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)
How I considered this complaint
- I considered information provided by Mr X and the Council.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Mr X complained the Council did not replace a social worker which he said led to his child being removed from his care.
- In a letter to Mr X, the Council explained that a new social worker had been appointed to his child’s case. The Council said Mr X had complained about the lack of action taken by social workers during court proceedings.
- A Family Court can order a Council to provide a section 7 report. The Council advised Mr X in January 2024 to present his concerns in writing regarding the accuracy of section 7 reports as part of the court process. Because section 7 reports form part of court proceedings, we have no jurisdiction to investigate their preparation or content.
- We will not investigate Mr X’s complaint because the law prevents us from investigating anything that is or has been the subject of court proceedings.
Final decision
- We cannot investigate Mr X’s complaint because we cannot investigate a complaint about the start of court action or what happened in court.
Investigator's decision on behalf of the Ombudsman