Summary: We will not investigate Miss X’s complaint about the content of a child impact report. The law prevents us from investigating complaints about what happened in court.

The complaint

1. Miss X complains about the content of a child impact report prepared by a social worker. Miss X also complains of poor complaint handling.

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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 and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. As part of family court proceedings, the court ordered the Council to gather information and send a child impact assessment to the court.
7. Miss X complains the child impact assessment contained inaccuracies and did not include essential information.
8. We cannot investigate the preparation or content of the child impact assessment because it relates to court proceedings, and we do not have the power to investigate these matters.
9. We will also not investigate how the Council dealt with Miss X’s complaint. There is insufficient evidence of fault in the Council’s administration of the statutory complaints procedure.

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Final decision

10. We will not investigate Miss X’s complaint. The law prevents us from investigating complaints about what happened in court.

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Investigator's decision on behalf of the Ombudsman