Summary: We will not investigate Mr X’s complaint about a court report and the conduct of the social worker involved in Mr X’s case. This is because we cannot investigate complaints about what happened in court. This includes the content of court reports. The actions of the social worker are not separable from the report. Also, we cannot achieve the outcomes Mr X wants.

The complaint

1. The complainant, whom I shall call Mr X, complained about the content of a Section 7 report and the conduct of the social worker who produced the report. Mr X says he now has limited contact with his child. Mr X wants the social worker to receive training and says they should not work unsupervised.

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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. 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)
5. We provide a free service, but must use public money carefully. We do not start or may decide not to continue with an investigation if we decide we cannot achieve the outcome someone wants. (Local Government Act 1974, section 24A(6))

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How I considered this complaint

6. I considered information provided by Mr X and the Ombudsman’s Assessment Code.

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My assessment

7. Under Section 7 of the Children Act 1989, a court may ask a council to provide a report about the welfare of any child who is the subject of court proceedings.
8. A council social worker produced a Section 7 report. Mr X is unhappy with the content of the report and the conduct of the social worker who produced the report.
9. The Ombudsman cannot consider matters which have been discussed in court or which could reasonably be raised in court. We cannot consider complaints about the preparation, collation, and analysis of evidence, including reports written by social workers or other officers for court proceedings. We cannot consider complaints about the evidence given in court by council officers. Such matters are outside our jurisdiction with no discretion to consider them.
10. If Mr X was unhappy with the report, it was reasonable for him to raise any concerns in court. If Mr X is unhappy with the contact he has with his child, he will need to return to court.
11. Mr X also complained in general about the social worker involved in his case. But the conduct of the social worker is intrinsically linked to the Section 7 report and cannot be separated. Also, it is not for us to say what training a social worker should receive or what their working arrangements should be. We cannot therefore achieve any of Mr X’s desired outcomes.
12. The Health and Care Professions Council (HCPC) is the regulatory body for social workers in England. It is open to Mr X to contact the HCPC with any general concerns he has about the social worker involved in his case.

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Final decision

13. We will not investigate Mr X’s complaint because we cannot consider complaints about what happens in court or matters which are linked to court proceedings. We also cannot achieve what Mr X wants.

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Investigator's decision on behalf of the Ombudsman