Summary: We will not investigate this complaint about a section 37 report. This is because the report relates to matters which took place in court and is outside of our jurisdiction.

The complaint

1. Miss X complained about a section 37 report which she said was not conducted properly.

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

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My assessment

6. Miss X complained about a section 37 report she said was not properly carried out by a Council social worker.
7. The Council said as the report was court ordered, the only way she could challenge it was during court proceedings.
8. The Ombudsman cannot investigate complaints about court action. It is open to Miss X to seek legal advice and raise her concerns about the report in court.
   The Ombudsman does not have jurisdiction to investigate.

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Final decision

9. We will not investigate Miss X’s complaint because the report relates to matters which took place in court and is outside of our jurisdiction.

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Investigator's decision on behalf of the Ombudsman