Summary: We cannot investigate Mr B’s complaint about a report produced by the Council for use in private law proceedings. By law, we cannot consider matters relating to court reports.

The complaint

1. The complainant, who I will refer to as Mr B, complains about the production and content of a Section 7 report produced by the Council.

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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)
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))

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How I considered this complaint

4. I have considered what Mr B has said in support of his complaint and the Council’s response. I have offered Mr B the opportunity to comment on a draft of this decision.

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What I found

5. Mr B is party to private law proceedings regarding the care of his daughter. The Court has ordered the Council to produce a Section 7 report. Mr B complains about the content of the report and the conduct of the social worker who produced it.
6. We cannot investigate Mr B’s complaint. Section 7 reports are produced for the use of the court and their contents can only be challenged in court. All matters relating to their content and production fall outside the Ombudsman’s jurisdiction.

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Final decision

7. We cannot investigate this complaint. This is because it relates to the production and content of a court report.

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Investigator's decision on behalf of the Ombudsman