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
- 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.
The Ombudsman’s role and powers
- 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)
- 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)
How I considered this complaint
- 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.
What I found
- 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.
- 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.
Final decision
- 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.
Investigator's decision on behalf of the Ombudsman