Summary: We cannot investigate Ms X’s complaint about a report the Council wrote for court. This is because the law prevents us from considering what happened in court.

The complaint

1. Ms X complained a section 7 report the Council wrote for court was biased and failed to account for recommendations of her psychiatrist. She says had it considered the psychiatrist’s recommendations, the Council would have instead recommended more frequent, but shorter, contact sessions with her son.

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The Ombudsman’s role and powers

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

3. I considered the information Ms X provided when she complained to us.
4. I gave Ms X the opportunity to comment on my draft decision.

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What I found

5. Ms X’s complaint concerns a report the court ordered the Council to complete. Section 7 reports are required in private proceedings relating to children, when the court decides it needs further information, for example about a child’s welfare, or what is best for the child.
6. Ms X complained to the Council about its report, but it explained it could not deal with the issue through the complaints procedures and advised her to raise her concerns in court. This was appropriate, and we too cannot consider the report.

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Final decision

7. The Ombudsman cannot investigate this complaint. This is because it relates to a report the court ordered the Council to prepare. The law prevents us from considering what happened in court.

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Investigator's decision on behalf of the Ombudsman