Summary: Ms X and Ms Y are special guardians for a child under their care. They complain that a Section 7 report which the Council prepared for a Child Arrangement Order court hearing about him contains contradictions, inconsistencies and inaccuracies. They say it portrays them in a very negative manner and is derogatory in nature. The Ombudsman cannot investigate this complaint. This is because the matters which Ms X and Ms Y complain about have already been considered in court and therefore are out of our jurisdiction.

The complaint

1. The complainants, who I shall refer to as Ms X and Ms Y, are special guardians for a child under their care. They complain that a Section 7 report which the Council prepared for a Child Arrangement Order court hearing about him contains contradictions, inconsistencies and inaccuracies. They say it portrays them in a very negative manner and is derogatory in nature.

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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.
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 the information submitted by Ms X and Ms Y in support of their complaint.

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What I found

5. In 2015, Ms X and Ms Y were granted a Special Guardianship Order by the courts in respect of child Z.
6. In 2018, one of Council’s social workers wrote a Section 7 report in preparation for a court hearing. Following the hearing, the judge issued a Child Arrangement Order.
7. In mid-2019, Ms X and Ms Y complained to the Council about the content of the Section 7 report.

Analysis

8. The law says the Ombudsman cannot investigate any matter which has already been considered by the courts, which includes the content of Section 7 reports. Therefore, I cannot investigate Ms X and Ms Y’s complaint.
9. I understand they have concerns about the information presented in the report. Consequently, if they have any information which may affect the Child Arrangement Order or they want to challenge it, they should pursue their concerns in court as only a judge can vary the Order.

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Final decision

10. The Ombudsman cannot investigate this complaint. This is because the matters which Ms X and Ms Y complain about have already been considered in court and therefore are out of our jurisdiction.

Investigator’s final decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman