Summary: The Ombudsman cannot investigate Mr A’s complaint that the social worker commissioned to produce a Section 7 report is not independent of the Council. Complaints relating to such reports fall outside the Ombudsman’s jurisdiction.

The complaint

1. The complainant, who I will refer to as Mr A, complains that the social worker commissioned to produce a Section 7 report is not independent of the Council.

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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)

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How I considered this complaint

3. I have considered what Mr A has said in support of his complaint.

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What I found

4. Mr A and his former partner are parties to private legal proceedings. He says the court has directed the Council to commission a Section 7 independent social worker’s report.
5. Mr A says his former partner is employed by the Council, and that the independent social worker is known to his former partner professionally. He questions whether the social worker is properly independent of the Council.
6. Mr A has brought his concerns to the Council’s attentions. He says it does not accept that the circumstances give rise to a conflict of interests. Mr A disagrees. He wants the Council to commission a social worker who has not worked for it and is not known to the parties.
7. The Ombudsman cannot investigate Mr A’s complaint. Section 7 reports are produced by order of the court and the Ombudsman cannot investigate complaints relating their production or content. As Mr A’s is such a complaint, the Ombudsman cannot investigate it.

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Final decision

8. The Ombudsman cannot investigate this complaint. This is because it concerns the production of a report for the court.

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Investigator's decision on behalf of the Ombudsman