Summary: We will not investigate this complaint about the content of a Section 7 report submitted as part of family court proceedings. The law prevents us investigating what happens in court.

The complaint

1. Miss X complained the Council did not properly consider concerns she raised from 2022 onwards about her children in its Section 7 court report. She said the Council’s actions had impacted family court proceedings, and caused her and her children distress and subsequent physical health impacts. She wanted the Council to admit fault and amend its report.

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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 courts have said we can decide not to investigate a complaint about any action by an organisation concerning a matter which the law says we cannot investigate. (R (on the application of M) v Commissioner for Local Administration [2006] EHWCC 2847 (Admin))

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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. The law prohibits us from investigating matters that have been considered in court. Miss X’s complaint is substantively about the content of a report the Council submitted as part of family court proceedings between Miss X and her children’s other parent. We have no power to intervene in court proceedings.
7. All matters Miss X complains about are reasonable for her to raise as part of the proceedings. The Council’s actions outside the courtroom, and its earlier actions in considering concerns, are not separable from the proceedings themselves.

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Final decision

8. We will not investigate Miss X’s complaint because the law prevents us investigating what happens as part of court proceedings.

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Investigator's decision on behalf of the Ombudsman