Surrey County Council (19 017 723)

Category : Children's care services > Other

Decision : Closed after initial enquiries

Decision date : 07 Mar 2020

The Ombudsman's final decision:

Summary: The Ombudsman will not investigate Mr X’s complaint about the content of a report produced by the Council and used in court proceedings involving his family. This is because it was reasonable for Mr X to raise his concerns in court and we have no jurisdiction to consider matters which have been discussed or decided in court.

The complaint

  1. The complainant, whom I shall call Mr X, complains about the content of a report produced by the Council and used in court proceedings. Mr X says the content of the report has led to problems with contact arrangements.

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The Ombudsman’s role and powers

  1. 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)
  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

  1. 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.

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What I found

  1. Mr X complains about the content of a report produced by a social worker for court proceedings involving Mr X’s family. Mr X says the report did not take into account all the information it should have done. Mr X says the report has led to problems with contact arrangements with his family.
  2. Reports produced under the Children’s Act are at the request of a court and for use in court. If Mr X was unhappy with the content of the report, then court was the place to challenge it. Any decisions Mr X disagrees with about contact will have been taken in court. The Ombudsman has no jurisdiction to consider what happens during legal proceedings. If Mr X is unhappy with the contact arrangements then he can ask the court to amend them.

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Final decision

  1. The Ombudsman will not investigate Mr X’s complaint. This is because it was reasonable for Mr X to raise his concerns in court, and we cannot consider matters discussed or decided in court.

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Investigator's decision on behalf of the Ombudsman

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