Summary: We cannot investigate this complaint about the accuracy of information provided to the court in private care proceedings by Council social workers. As a court has ordered the information in the form of a section 7 report, its preparation and content is outside our legal jurisdiction.

The complaint

1. The complainant complains about the Council’s actions in relation to child care proceedings in the Family Court. The care proceedings relate to the living arrangement of Mr P’s grandchild (Child X). Mr P is party to those proceedings and has applied to the court for parental responsibility of Child X and for an order as to Child X’s living arrangements. Until the court decides these issues, Child X has been placed in the care of the Council.
2. In summary, Mr P is dissatisfied with the actions of the Council with respect to the proceedings, particularly about the content of reports prepared by social workers and submitted to the court. He says the reports are inaccurate in expressing Child X’s wishes as where they want to live. Mr P says the alleged fault is a cause of distress and uncertainty which is preventing him caring for Child X. As a desired outcome, he wants the Council to rectify its reports prepared for the court.

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The Ombudsman’s role and powers

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. I also considered the Ombudsman’s Assessment Code.

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My assessment

5. In private care proceedings, the court can order the Council to provide court reports. Mr P’s complaint concerns a section 7 report which is often referred to as a welfare report. The Court orders that someone produce a report on the welfare of the child. To do so they have to refer to ‘the welfare checklist’ which is set out in section 1(3) Children Act 1989. As a court has ordered the section 7 report, its preparation and content is outside our jurisdiction under schedule 5(1) of the Local Government Act 1974.

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Final decision

6. We cannot investigate this complaint because the matters raised are subject to legal proceedings. We have no jurisdiction in these circumstances.

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Investigator's decision on behalf of the Ombudsman