Summary: The Ombudsman cannot investigate Mr C’s complaint that the Council was at fault in producing a Section 7 report. This is because the law prevents the Ombudsman from investigating the production or content of court reports.

The complaint

1. The complainant, who I will refer to as Mr C, complains that the Council was at fault in the production of a Section 7 report.

Back to top

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. 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)
3. The Courts have said that we cannot investigate a complaint about any action by a council, concerning a matter which is itself out of our jurisdiction. (R (on the application of M) v Commissioner for Local Administration [2006] EHWCC 2847 (Admin))

Back to top

How I considered this complaint

4. I have considered what Mr C has said in support of his complaint.

Back to top

What I found

5. Mr C’s children are the subject of private law proceedings relating to contact. The court has instructed the Council to produce a Section 7 report. Mr C believes the report the Council has provided to the court is biased and inaccurate. As a result, he will have to engage legal representation.
6. The Ombudsman cannot investigate Mr C’s complaint. A Section 7 report is a court document. By law, the Ombudsman cannot investigate its production or content.

Back to top

Final decision

7. The Ombudsman cannot investigate this complaint. This is because it concerns the production and content of a court report.

Back to top

Investigator's decision on behalf of the Ombudsman