Summary: The Ombudsman will not investigate Mr X’s complaint about the content of a Section 7 report and the conduct of the social workers who produced it. This is because it is reasonable for Mr X to raise his concerns in court.

The complaint

1. The complainant, whom I shall call Mr X, complains about the content of a Section 7 report and the conduct of the social workers who produced the report. Mr X says the social workers have not considered his views.

Back to top

The Ombudsman’s role and powers

2. 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 think 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)

Back to top

How I considered this complaint

3. I considered Mr X’s complaint to the Ombudsman and the information he provided. I also gave Mr X the opportunity to comment on a draft statement before issuing a final decision on his complaint.

Back to top

What I found

4. Mr X’s complaint is about the accuracy of a Section 7 report and the conduct of the social workers who wrote it.
5. A Section 7 report is produced at the request of a court and for use in court. If Mr X is unhappy with the content of the report, then court is the place to challenge it. The conduct of the social workers who wrote the report is inextricably linked to the content of the report and is not therefore separable. It is reasonable for Mr X to raise his concerns in court. An investigation by the Ombudsman is not therefore appropriate.

Back to top

Final decision

6. The Ombudsman will not investigate Mr X’s complaint. This is because it is reasonable for Mr X to raise his concerns in court.

Back to top

Investigator's decision on behalf of the Ombudsman