Summary: The Ombudsman will not investigate Mr X’s complaint about the content of a report produced by the Council. This is because Mr X can raise his concerns about the accuracy of the report in court.

The complaint

1. Mr X complains about the content of a Section 7 report produced by the Council. He says the report is inaccurate and the social worker who produced it was biased and ignored information provided by Mr X.

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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)

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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.

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What I found

4. Mr X’s complaint is about the accuracy of a Section 7 report and the conduct of the social worker who wrote it. Mr X wants the Council to produce a fresh report. The Council has told Mr X that because his case is subject to court proceedings it cannot investigate his complaint separately.
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 worker 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.

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Final decision

6. The Ombudsman will not investigate Mr X’s complaint. This is because Mr X can raise his concerns about the accuracy of the report in court.

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Investigator's decision on behalf of the Ombudsman