Summary: We cannot investigate this complaint about the actions of a social worker who produced a Section 7 report. This is because the report formed part of court proceedings.

The complaint

1. The complainant, who I will refer to as Miss B, complains that the Council’s social worker produced an inaccurate report for the Court and misled her about the report’s content.

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The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
3. 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)
4. 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

5. I considered information provided by the complainant.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. Miss B’s son was the subject of private law proceedings, as part of which the Court directed the Council to produce a Section 7 report. Mrs B complains that the report was inaccurate, and that the social worker misled her about its content.
8. Matters relating to Section 7 reports fall outside the Ombudsman’s jurisdiction. This is because they form part of court proceedings. We cannot therefore investigate complaints about their content or production.

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Final decision

9. We cannot investigate Miss B’s complaint because it relates to a Section 7 report.

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Investigator's decision on behalf of the Ombudsman