Summary: We cannot investigate Miss X’s complaint about the production and content of a report used in Court proceedings. We will not investigate her child protection decisions’ complaint as it is reasonable to expect Miss X to complain to the Council.

The complaint

1. Miss X says the Council produced an inaccurate report for court hearings. She says the Council should not be pursuing a child protection plan.

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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. The law says we cannot normally investigate a complaint unless we are satisfied the organisation knows about the complaint and has had an opportunity to investigate and reply. However, we may decide to investigate if we consider it would be unreasonable to notify the organisation of the complaint and give it an opportunity to investigate and reply. (Local Government Act 1974, section 26(5), section 34(B)6)

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How I considered this complaint

4. I considered information provided by Miss X and the Council’s replies to her.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Miss X says a Council children services social worker has produced an inaccurate report for private family court proceedings. We cannot investigate the content of this report nor how it was collated and produced.
7. Miss X says the Council changed a child in need plan to a child protection plan. The Council told Miss X that it will not look at her complaint because of the Court proceedings. Miss X’s complaint to the Council in December 2024 does not cover a change from a child in need plan to a child protection plan. It is reasonable to expect Miss X to complain to the Council first about this before we could consider this part of her complaint.

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Final decision

8. We will not investigate Miss X’s complaint because we cannot investigate the production process or content of reports used in Court proceedings. And it is reasonable to expect Miss X to complain to the Council about child protection decisions.

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Investigator's decision on behalf of the Ombudsman