Summary: The Ombudsman will not investigate Miss X’s complaint about the content of a Section 7 report and the conduct of the social worker who produced it. This is because concerns about the report could have been raised in court, and we have no powers to consider what happened during legal proceedings.

The complaint

1. The complainant, whom I shall call Miss X, complains about the content of a Section 7 report and the conduct of the social worker who produced the report.

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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.

Act 1974, section 24A(6), as amended)

3. We have the power to start or discontinue an investigation into a complaint within our jurisdiction. We may decide not to start or continue with an investigation if we believe:
• it is unlikely we would find fault, or
• the issues could reasonably be, or have been, raised within a court of law. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended)
4. 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

5. I considered Miss X’s complaint to the Ombudsman and the information she provided. I also gave Miss X the opportunity to comment on a draft statement before issuing a final decision on her complaint.

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What I found

6. Miss X’s complaint is about the accuracy of a Section 7 report and the conduct of the social worker who wrote it.
7. The law prevents the Ombudsman from considering what happens in court. A Section 7 report is produced at the request of a court and for use in court. If Miss X was unhappy with the content of the report, then she should have challenged it in court. The conduct of the social worker who produced the report is inextricably linked to the content of the report. The court has considered the Section 7 report and the Ombudsman has no jurisdiction to consider what happens during legal proceedings.
8. Miss X is unhappy the Council will not consider her complaint. The Council’s view is that, as I find above, any concerns about the content of a Section 7 report can be considered in court. There is not enough evidence of fault by the Council in reaching this decision to warrant an investigation.

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Final decision

9. The Ombudsman will not investigate Miss X’s complaint. This is because concerns about the Section 7 could have been raised in court, and we have no powers to consider what happened during legal proceedings.

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Investigator's decision on behalf of the Ombudsman