Devon County Council (23 013 183)
Category : Children's care services > Other
Decision : Closed after initial enquiries
Decision date : 12 Dec 2023
The Ombudsman's final decision:
Summary: We will not investigate this complaint about a report produced for court. The law prevents us from investigating what happened in court, which includes the content of reports written for the proceedings.
The complaint
- Miss X complained about a Section 7 report the Council submitted to court. She says a social worker failed to include vital information which could have had serious implications were she unable to provide contradicting evidence. She says the matter has caused her significant distress and inconvenience, and she risked losing her children. She says it has also caused a financial impact. She wants a proper investigation, and for the Council to apologise and pay her costs.
The Ombudsman’s role and powers
- 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)
How I considered this complaint
- I considered information provided by the complainant and the Council.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Miss X’s complaint is about the information a social worker included in their Section 7 report. This is a court-ordered report, requested to help the court come to a decision about the child’s best interests in private proceedings.
- The law expressly prohibits us from investigating what happened in court. This includes the content of any reports written for the courts. We cannot investigate this complaint.
Investigator's decision on behalf of the Ombudsman