Summary: We cannot investigate Mr X’s complaint about the Council’s preparation and content of a court ordered children’s services report. This is because the law prevents us from investigating anything that has been considered by court.

The complaint

1. Mr X complains the Council failed to safeguard his children by allowing an unqualified social worker to interview his children in the preparation of a court report under section 7 of the Children Act 1989. Mr X says the report replaced previous reports which set out concerns about the care of his children and should not have been relied upon in court. Mr X wants the Council to declare the report was unlawful.

Back to top

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)
4. We have the power to start or end an investigation into a complaint about actions the law allows us to investigate. We may decide not to start or continue with an investigation if we think the issues could reasonably be, or have been mentioned as part of the legal proceedings regarding a closely related matter. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended, section 34(B))

Back to top

How I considered this complaint

5. I considered information provided by Mr X and the Council.
6. I considered the Ombudsman’s Assessment Code.

Back to top

My assessment

7. As part of private law proceedings involving children, the court may ask the Council to produce a section 7 report. The court will then consider the report as part of its decision making.
8. Because section 7 reports form part of court proceedings, we have no jurisdiction to investigate their preparation or content.
9. It is reasonable to have expected Mr X to raise any concerns he had about the Council’s report with the court at the time of the hearing. We cannot investigate Mr X’s concerns about this because the law places an absolute and permanent bar on us doing so. Mr X will need to return to court if he wishes to challenge any previous decisions made about the care and contact arrangements for his children.

Back to top

Final decision

10. We will not investigate Mr X’s complaint because we cannot investigate the Council’s preparation or content of a Court ordered report. 

Back to top

Investigator's decision on behalf of the Ombudsman